PEACEFUL UNIFICATION ADVISORY COUNCIL ACT
Act No. 9753, May 28, 2009
CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for the organization and the scope of duties of the National Unification Advisory Council and other necessary matters pursuant to Article 92 of the Constitution of the Republic of Korea.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
The National Unification Advisory Council (hereinafter referred to as the “Unification Advisory Council”) shall make a proposal to the President on the preparation and execution of the policies on the fatherland’s democratic and peaceful unification, and comply with the President’s request for advice, by performing the functions listed in the following subparagraphs:
| 1. | Gathering public opinions concerning unification in Korea and foreign countries; |
| 2. | Gathering the national consensus concerning unification; |
| 3. | Concentrating national-wide intent and capacity concerning unification; |
| 4. | Other matters necessary for the advice and recommendation as to the President’s policies on peaceful unification. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
For the purposes of recognizing the people’s cherished desire for peaceful reunification, the Unification Advisory Council shall be comprised of not less than 7,000 council members commissioned by the President (hereinafter referred to as “Council members”) from among local representatives elected by local people, and those who are the representatives of political parties, functional organizations, and principal social groups, and capable of speaking frankly for the national intent for unification and making proposals to the President, while complying with the President’s request for advice.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
Council members commissioned by the President, after being commissioned, shall be registered with the secretariat of Unification Advisory Council without delay: Provided , That the chairperson of the Council may have an administrative agency act for the affairs of the secretariat of Unification Advisory Council to take charge of registration according to Presidential Decree.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
The seats of Council members shall be determined by the Secretary-General of Unification Advisory Council in every assembly.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
CHAPTER Ⅱ INSTITUTION
| (1) | The President shall be the chairperson of the Unification Advisory Council. |
| (2) | The chairperson shall appoint not more than twenty vice-chairpersons from among Council members in considering the birthplace and function of council members. |
| (3) | The President shall appoint the chief vice-chairperson from among the vice-chairpersons as prescribed in paragraph (2). |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
The term of office for a vice-chairperson shall be two years: Provided , That the term of office for a vice-chairperson newly elected when a vice-chairperson is vacant shall be the remaining term of office for his or her predecessor’s.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | The chairperson shall preside over meetings and supervise the business affairs of the Unification Advisory Council, and represent the Unification Advisory Council. |
| (2) | The chairperson shall exercise his or her right to receive the protection of a security guard to maintain the order of the conference. |
| (3) | The chairperson may have the chief vice-chairperson act on his or her behalf, and a vice-chairperson appointed by the chairperson shall perform the duties of chairperson vicariously, if the chief vice-chairperson is not able to perform his or her duties. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | In order to handle affairs of the Unification Advisory Council, a secretariat of the National Unification Advisory Council (hereinafter referred to as the “secretariat”) shall be established. |
| (2) | The secretariat shall have one Secretary-General and other necessary public officials, and the Secretary-General shall be appointed as a state public official in extraordinary civil service. |
| (3) | The Secretary-General shall take overall charge of the affairs of the Unification Advisory Council under orders of chairperson and direct and supervise his or her subordinate public officials. |
| (4) | If it is deemed necessary, the chairperson may have public officials under the jurisdiction of other administrative agencies concurrently hold office as public officials under the secretariat of the Unification Advisory Council, and have such agencies execute for the Unification Advisory Council, or manage in trust, part of the affairs of the Unification Advisory Council on, under the conditions prescribed by Presidential Decree. |
| (5) | Matters pertaining to the secretariat that fall under any of the following subparagraphs shall be determined by Presidential Decree. |
| 1. | The organizational structure and scope of functions of the secretariat; |
| 2. | The kinds and number of public officials posted in the secretariat; |
| 3. | Other necessary matters. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
CHAPTER Ⅲ COUNCIL MEMBERS
Pursuant to Presidential Decree, the President shall commission those who fall under any the following subparagraphs as council members. In such cases, the elected persons shall take the priority over other members:
| 1. | Members of the council of the Special Metropolitan City, a Metropolitan City, a |
| 2. | Influential people from the Special Metropolitan City, a Metropolitan City, a |
| 3. | Leading people belonging to a political party recommended by the representative of the political party; |
| 4. | Those who can speak for the national intent for unification as the leaders of an influential social organization or a professional association; |
| 5. | Those who have a firm intent to achieve the democratic and peaceful unification of the nation, and have contributed or can contribute to unification. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
The term of office for Council members shall be two years from the day when he or she is commissioned, and can be renewed.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
Council members shall take the following oath on first entering office at the Unification Advisory Council: Provided , That this shall not apply to those members representing Koreans residing overseas under subparagraph 2 of Article 10, who do not have the Korean nationality:
“I, as a council member, do solemnly swear that I shall observe the Constitution, endeavor to promote the peaceful unification of the fatherland, and faithfully perform the duties as a member of the Unification Advisory Council”.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
The post of Council members shall be regarded as honorary one, and may receive attendance allowance and travel expenses, etc. within the budgetary limit, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | Council members shall maintain their dignity as members of the Unification Advisory Council, shall perform their duties faithfully, and shall not request or pursue the right and privileges from the State, a local government, a public organization, a government-invested institution and a financial institution in any way that abuses their official positions. |
| (2) | Council members shall be regarded as the public officials in the application of the penal provisions of the Criminal Act and other Acts. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
Any Council member may resign from his or her official position with the permission of the chairperson.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | Any council member who falls under any of the following subparagraphs shall retire from the official position of a council member: |
| 1. | Where he or she is declared incompetent or quasi-incompetent; |
| 2. | Where he or she received a verdict of imprisonment without prison labor or heavier, and the verdict becomes final; |
| 3. | Where a member falling under subparagraph 1 of Article 10 has lost his or her position as a member of the local assembly. |
| (2) | Where a council member falls under any of the following subparagraphs, the President may dismiss him or her through a resolution of the Operating Committee: |
| 1. | Where a member is deemed to be negligent of performing his or her duty; |
| 2. | Where a member violates the Acts and subordinate statutes, or commits activities which significantly damage the dignity as a member; |
| 3. | Where a member needs to be replaced for the attainment of goals of the Unification Advisory Council. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
CHAPTER Ⅳ COMMITTEE
| (1) | To manage matters ordered by the chairperson and matters delegated at the meeting of the Unification Advisory Council, a standing committee shall be established. |
| (2) | The standing committee shall be comprised of not less than 300 and not more than 500 council members appointed by the chairperson in consideration of their birthplace and duties. |
| (3) | The vice-chairperson shall be a member of the standing committee and the head of the vice-chairmen shall be its chairperson. |
| (4) | The standing committee shall hold meetings at least once per year. |
| (5) | The sub-committee may, by the provisions of Presidential Decree, be established in the standing committee. |
| (6) | Matters necessary for the organization, the operation, and etc. of the standing committee shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | To deliberate upon matters related to the operation of the Unification Advisory Council, an operating committee shall be established. |
| (2) | The operating committee shall be comprised of not more than fifty members appointed by the chairperson from among Council members. |
| (3) | The head of vice-chairperons shall be the chairperson of the operating committee. |
| (4) | Matters necessary for the organization, the scope of duty, operation, etc. shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
CHAPTER Ⅴ MEETINGS
| (1) | Meetings of the Unification Advisory Council shall be convened by the chairperson once every two years. If the chairperson deems it necessary or at least a third of all members demand it, the meeting shall be convened. |
| (2) | The chairperson shall determine and announce the date, time and place of meetings, and title of the agenda, no later than five days before the meeting is held. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | The Unification Advisory Council shall hold its opening ceremony on the meeting day. |
| (2) | Meetings of the Unification Advisory Council shall be open with the opening declaration and shall be closed with the closing declaration by the chairperson. |
| (3) | The chairperson shall declare a meeting adjourn after deliberation on the agenda of the meeting of the Unification Advisory Council is completed. |
| (4) | The chairperson may declare recess for a fixed period during the assembly. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
Meetings of the Unification Advisory Council shall be held with the attendance of a majority of all its members, and make a decision with a concurrent vote of majority of the members present.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | Meetings shall be open to the public: |
| (2) | Contents of a meeting that are not open to the public shall not be promulgated. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
Where a council member disturbs the order in a meeting place by violating the Acts and subordinate statutes or the chairperson’s order, the chairperson may issue him or her warning or restrain him or her from doing so, and where a member does not comply with the relevant measures, the chairperson may prohibit him or her from speaking or order him or her off the floor.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
Council members may make his or her statements freely at the meeting within the scope of related subject under permission of the chairperson.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
If the chairperson deems it necessary, he or she may put the items on the agenda to a vote.
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | The Unification Advisory Council shall prepare its minutes and enter each of the following matters therein: |
| 1. | The date and time of opening, suspension and adjournment of meeting; |
| 2. | The agenda of the day; |
| 3. | The number of Council members present; |
| 4. | The agenda of the meeting and the items thereon; |
| 5. | The number of votes; |
| 6. | Other matters deemed necessary by the chairperson. |
| (2) | The minutes shall be distributed to council members and the general public. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | The chairperson shall issue admission tickets for the audience gallery. |
| (2) | Anyone may carry out recording, videotaping, photographing and relay broadcasting in a meeting place with permission from the chairperson. |
| (3) | The chairperson may order any person in the audience gallery, who disturbs the order in the meeting place, to leave the place. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
| (1) | The Unification Advisory Council may establish regional councils in the Special Metropolitan City, Metropolitan Cities, Dos, a Special Self-Governing Province, five Dos of North Korea, and those residing overseas, which are comprised of the members from these areas, and the regional sub-councils by a |
| (2) | If necessary, the chairperson shall convene a meeting of the regional council, but the vice-chairperson who was born in the relevant region shall preside over the meeting: |
| (3) | Matters falling under any of the following subparagraphs shall be determined by Presidential Decree: |
| 1. | Matters concerning the comprehensive diagnosis of the meeting results of regional councils; |
| 2. | Matters concerning the organization and operation of regional councils; |
| 3. | Other necessary matters concerning regional councils. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
CHAPTER Ⅵ FUNDS FOR PROMOTION OF UNIFICATION
| (1) | The Unification Advisory Council may establish and manage the funds for the promotion of unification to drive forwards the democratic and peaceful unification of the nation. |
| (2) | Establishment, raising and management of the funds under paragraph (1) and other necessary matters shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS
| (1) | If the chairperson deems it necessary, he or she may request the heads of State agencies and local governments to dispatch public officials under their jurisdiction, or for other necessary cooperations. |
| (2) | The heads of State agencies and local governments in receipt of such request under paragraph (1) shall comply with it, unless any inevitable circumstances exist. |
[This Article Wholly Amended by Act No. 9753, May 28, 2009]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 4000, Feb. 17, 1988>
Article 1 (Enforcement Date)
This Act shall enter into force on February 25, 1988.
Article 2 (Transitional Measures concerning Change of Name of Institution)
| (1) | The Policy-Making Consulting Council on Peaceful Unification at the time when this Act enters into force shall continue to exist and perform its duties until the National Unification Advisory Council is established by this Act. |
| (2) | The public officials under the jurisdiction of the Secretariat of the Policy-Making consulting Council on Peaceful Unification shall be considered to be the public officials under the jurisdiction of the Secretariat of the National Unification Advisory Council by this Act. |
Article 3 (Transitional Measures concerning Term of Office for Some Council Members)
At the time when this Act enters into force, the term of office for Council members elected by the previous provisions of Article 10, whose term shall be expired on the day of commission as local council member by the amended provisions of subparagraph 1 of Article 10, shall continue until the date of commission as a local council member despite the amended provisions of Article 11.
ADDENDA<Act No. 5126, Dec. 30, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5529, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 6500, Jul. 24, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 9753, May 28, 2009>
This Act shall enter into force on the date of its promulgation.
Last updated : 2010-03-22