ORGANIZATION OF THE REPUBLIC OF KOREA NATIONAL RED CROSS ACT

Expand Act No. 8248, Jan. 19, 2007 

CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)  
The purpose of this Act is to prescribe the general outline concerning the organization and operation of the Korean National Red Cross for the smooth operation of Red Cross activities based on the spirit of the Geneva Convention and the fundamental principles of the international Red Cross movement, and thereby, to realize humanitarianism which is the ideal of the Red Cross, and to contribute to world peace and the welfare of mankind. <Amended by Act No. 4727, Jan. 7, 1994>
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 Article 2 (Juristic Personality)  
The Korean National Red Cross (hereinafter referred to as the "Red Cross") shall be a juristic person.
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 Article 3 (Registration)  
The provisions concerning the registration of incorporated association under the Civil Act shall be applied mutatis mutandis to the registration of the Red Cross.
[This Article Wholly Amended by Act No. 4727, Jan. 7, 1994]
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 Article 4 (Office)  
(1) The location of the principal office of the Red Cross shall be determined by the articles of association.
(2) The Red Cross may establish its branches at necessary places under the conditions as prescribed by its articles of association.
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 Article 5 (Articles of Association)  
(1) The following matters shall be stated in the articles of association of the Red Cross:
1. Purpose;
2. Name;
3. Locations of the Headquarters and the establishment of branches;
4. General Assembly of National Representatives, the Central Committee and the Operating Committee;
5. Officers;
6. Internal structure;
7. The types of members and membership fees;
8. Assets and accounts;
9. Activities and operation thereof;
10. The method of announcement;
11. The amendment of articles of association; and
12. Other provisions necessary for the management of the Red Cross.
(2) The amendment of articles of association shall be subject to approval by the Minister of Health and Welfare. <Amended by Act No. 5454, Dec. 13, 1997>
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 Article 6 (Membership)  
(1) All residents in the Republic of Korea shall be eligible for membership in the Red Cross regardless of sex, nationality, religion or political opinions.
(2) Members shall have the rights and duties provided in the articles of association.
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 Article 7 (Services)  
The Red Cross shall, for the achievement of its purposes stipulated in Article 1, perform the following activities:
1. Provide relief to prisoners of war and other victims in armed conflict in accordance with the spirit of the Geneva Convention;
2. Provide cure and relief to the sick and wounded in war, as an auxiliary to the military medical services;
3. Provide relief to disaster victims of flood, fire, famine, pestilence, etc;
4. Provide medical services (including nursing and blood services), emergency relief services, volunteer services, services for reunion of separated family members, the Red Cross Youth services, relevant educational services and other services related to national public health and social welfare;
5. Disseminate the ideal of the Red Cross and the International Humanitarian Act;
6. Promote international cooperation for the performance of Red Cross activities; and
7. Engage in other activities incidental to those enumerated in subparagraphs 1 through 6.
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 Article 8 (Request, etc. for Data Provision to State and Local Government)  
The State and local governments may cooperate with Red Cross activities upon request by the Red Cross.
(1) The Red Cross may request the State and local governments to provide the data necessary for the operation of the Red Cross and the collection of fees required for an execution of business under Article 7. In this case, the State and local governments subjected to a request for a data provision shall comply with it unless they have any special reasons.
(2) The State and local governments may cooperate upon request by the Red Cross in relation to an execution of the Red Cross business.
[This Article Wholly Amended by Act No. 8248, Jan. 19, 2007]
CHAPTER II DECISION-MAKING BODIES
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 Article 9 (Kinds of Decision-Making Bodies)  
The following decision-making bodies shall be established by the Red Cross:
1. The General Assembly of National Representatives;
2. The Central Committee; and
3. The Operating Committee.
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 Article 10 (General Assembly of National Representatives)  
(1) The General Assembly of National Representatives shall be established in the Red Cross in order to supervise the following matters: <Amended by Act No. 4727, Jan. 7, 1994>
1. To elect the members of the Central Committee pursuant to the provisions of Article 11;
2. To approve matters concerning activity plans and budget; and
3. To deliberate on important matters submitted by the president of the Red Cross.
(2) The General Assembly of National Representatives shall be composed of the president of the Red Cross and the representatives appointed or elected pursuant to the provisions of the following subparagraphs from among the members of the Red Cross: <Amended by Act No 4727, Jan. 7, 1994; Act No. 5454, Dec. 13, 1997>
1. Eight persons appointed by the President of the Republic of Korea;
2. Twelve persons appointed by the National Assembly;
3. Two persons appointed respectively by the Special Metropolitan City Mayor, Metropolitan City Mayors, and Do governors; and
4. Six persons elected respectively by the Red Cross Branches of the Special Metropolitan City, Metropolitan Cities, and Dos under the conditions as prescribed by the articles of association.
(3) The term of office for the representatives shall be three years. <Amended by Act No. 5608, Dec. 30, 1998>
(4) The General Assembly of National Representatives shall be convened by the president not less than once a year pursuant to the articles of association: Provided, That the president of the Red Cross shall convene the General Assembly upon request by one third or more of its total representatives.
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 Article 11 (Central Committee)  
(1) The Central Committee shall be established under the Red Cross for the purpose of deliberating and resolving the following matters:
1. Matters concerning the amendment of the articles of association;
2. Matters concerning the election of the Operating Committee members pursuant to Article 12;
3. Matters concerning the election of officers;
4. Matters concerning the membership recruitment and membership fees;
5. Matters concerning the organization of the Red Cross;
6. Matters concerning the project plans and budgets;
7. Matters concerning the results of projects and settlement of accounts;
8. Matters concerning the acquisition and disposal of real estate and loans of funds; and
9. Other matters submitted by the president.
(2) The Central Committee shall be composed of twenty eight members including the president, and they shall be the following persons: <Amended by Act No 4268 Dec. 27, 1990; Act No. 4727, Jan. 7, 1994; Act No. 5454, Dec. 13, 1997; Act No. 6400, Jan. 29, 2001>
1. Nineteen persons elected by the General Assembly of National Representatives; and
2. The Minister of Finance and Economy, Minister of Education and Human Resources Development, Minister of Unification, Minister of Foreign Affairs and Trade, Minister of Justice, Minister of National Defense, Minister of Government Administration and Home Affairs, and Minister of Health and Welfare.
(3) The term of office for a member under paragraph (2) 1 shall be three years. <Amended by Act No. 5608, Dec. 30, 1998>
(4) The Central Committee shall be convened by the president not less than once a year pursuant to the articles of association: Provided, That the president shall convene the Central Committee upon the request of one third or more of its total members.
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 Article 12 (Operating Committee)  
(1) The Operating Committee shall be established to deliberate and resolve such matters delegated or considered inappropriate for deliberation due to their urgent nature by the Central Committee as well as to deliberate in advance such matters concerning activity plans, budget, and accomplishment of activities and its account settlement out of the matters to be deliberated and resolved by the Central Committee. <Amended by Act No 4727, Jan. 7, 1994>
(2) The Operating Committee shall be composed of seven members including the President of Red Cross. Members shall be four persons elected by the Central Committee from among its members, the Minister of Government Administration and Home Affairs, and the Minister of Health and Welfare. <Amended by Act No. 4727, Jan. 7, 1994; Act No. 5454, Dec. 13, 1997; Act No. 6728, Aug. 26, 2002>
(3) The matters resolved by the Operating Committee shall be reported to the Central Committee.
(4) The Operating Committee shall be convened by the President of the Red Cross.
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 Article 13 (Quorum for Resolution, etc.)  
(1) The President of the Red Cross shall be the Chairman of the General Assembly of National Representatives, the Central Committee, and the Operating Committee, and shall generally be in charge of the business of these bodies.
(2) The General Assembly of National Representatives, the Central Committee, and the Operating Committee shall open the meeting with the attendance of a majority of the representatives or registered members and make a resolution by the concurrent vote of a majority of the representatives or members present.
CHAPTER III EXECUTIVE ORGAN
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 Article 14 (Honorary President and Honorary Vice President)  
(1) There shall be one Honorary President and one Honorary Vice President in the Red Cross.
(2) The President of the Republic of Korea and the Prime Minister of the Republic of Korea shall be the Honorary President and the Honorary Vice President, respectively.
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 Article 15 (Officer and Advisor)  
(1) Officers of the Red Cross shall fill the positions of president, two vice presidents, one finance supervisor, and there shall be one legal counsellor as an advisor. <Amended by Act No 4727, Jan. 7, 1994>
(2) Officers and an advisor may be full time or part time, pursuant to the articles of association.
(3) Officers and an advisor shall be elected by the Central Committee: Provided, That the president of the Red Cross, being elected by the Central Committee shall be approved by the President of the Republic of Korea.
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 Article 16 (Term of Office of Officers and Advisor)  
The term of office of the president of the Red Cross shall be three years, and that of other officers and advisor shall be two years. They may serve for only two consecutive terms.
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 Article 17 (Responsibilities of Officers and Advisor)  
(1) The president shall represent the Red Cross and colligate its activities.
(2) The vice presidents shall assist the president of the Red Cross, and in the case of incapacitation of the latter, shall act for the president in the order of priority as predesignated by the president.
(3) The finance supervisor shall supervise the management of the finances of the Red Cross and shall submit an opinion thereon to the Central Committee.
(4) The legal counsellor shall advise and shall be consulted regarding all legal matters of the Red Cross.
(5) Officers and an advisor may attend the meetings of the General Assembly of National Representatives, the Central Committee, and the Operating Committee, and may state their opinions.
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 Article 18 (Disqualification of Officers)  
Any one of the following subparagraphs shall not be eligible for officers of the Red Cross: <Amended by Act No. 7428, Mar. 31, 2005>
1. A person of incompetency or quasi-incompetency;
2. A person who was sentenced to bankruptcy, but has not been reinstated;
3. A person who was sentenced to imprisonment without prison labor or to a more severe punishment, in which two years have not passed since the date on which the execution of such sentence was expired or was confirmed not to execute; and
4. A person deprived or suspended of qualifications by a court decision or other Acts.
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 Article 19 (Secretariat)  
(1) A Secretariat shall be established for the purpose of carrying out the activities of the Red Cross.
(2) A Secretary General, who shall take charge of the management of the Red Cross including direction and supervision of his subordinate staff members in compliance to the order of the president, shall be appointed in the Secretariat.
(3) The Secretary General shall be appointed by the president and approved by the Central Committee.
CHAPTER IV FINANCE
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 Article 20 (Fiscal Year)  
The fiscal year of the Red Cross shall be the same as that of the government.
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 Article 21 (Submittal of Plan of Activities, etc.)  
(1) The Red Cross shall submit to the Minister of Health and Welfare a completed plan of activities and budget of the accounting period reviewed by the Operating Committee, consulted by the Central Committee and approved by the General Assembly of National Representatives one month before the start of the fiscal year. The same shall apply to modifications thereof: Provided, That in the case where receiving funds from the government (including funds managed by the government) or receiving full or partial assistance or a loan for business expenses to implement a business, an approval shall be received by the competent Minister. <Amended by Act No. 5454, Dec. 13, 1997>
(2) The Red Cross shall submit to the Minister of Health and Welfare and the National Assembly three months following the end of the fiscal year, a financial statement of revenue and expenditure which has been reviewed by the Operating Committee and approved by the Central Committee. <Amended by Act No. 5454, Dec. 13, 1997>
[This Article Wholly Amended by Act No. 4727, Jan. 7, 1994]
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 Article 22 (Financial Resources for Services)  
All expenses for the Red Cross operations and services shall be defrayed from membership fees, subsidies from the State and local governments, earnings from profit making activities, and other incomes.
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 Article 22-2 (Acquisition of Fundamental Properties)  
Where the Red Cross intends to acquire, purchase and sell, donate, exchange, or lend such fundamental properties as prescribed by the articles of association or offer them as security, it shall obtain authorization from the Minister of Health and Welfare.
[This Article Added by Act No. 5608, Dec. 30, 1998]
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 Article 23 (Free Lease of National or Public Properties)  
(1) If necessary for fulfilling the purposes of the Red Cross services, the State or local governments may lease any national or public property to the Red Cross without compensation therefor, regardless of the provisions of the State Properties Act and the Local Finance Act.
(2) Deleted. <by Act No. 6728, Aug. 26, 2002>
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 24 (Profit-Making Business)  
The Red Cross may conduct a profit-making business falling under any of the following:
1. Business of operation of the Red Cross Hospital;
2. Business of education, public information and publication concerning Red Cross;
3. Rental business of properties; and
4. Other businesses which the articles of association may prescribe within the scope of a nature not detrimental to the execution of activities under Article 7.
[This Article Wholly Amended by Act No. 5608, Dec. 30, 1998]
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 Article 25 (Prohibition on Misuse of Red Cross Emblem, etc.)  
No one except the Red Cross, military medical service facilities, and those who have received approval from the Red Cross shall use the emblem of the Red Cross on the white background or other similar emblem for business or propaganda purposes.
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 Article 26 (Prohibition on Misuse of Similar Titles)  
No one except the Red Cross, military medical service facilities, and those who have received approval from the Red Cross may use names the "Red Cross", the "Geneva Red Cross" or other similar titles.
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 Article 27 (Supervision, etc.)  
(1) The Minister of Health and Welfare may render the supervision necessary for fulfilling the business objectives of the Red Cross. <Amended by Act No. 5454, Dec. 13, 1997>
(2) The Minister of Health and Welfare may request correction, where deemed to exist, of illegal or unfair executions or resolutions of the Red Cross or its consulting agencies. <Amended by Act No. 5454, Dec. 13, 1997>
[This Article Wholly Amended by Act No. 4727, Jan. 7, 1994]
CHAPTER VI PENAL PROVISIONS
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 Article 28 (Penal Provisions)  
Any person who violates Article 25 shall be punished by a fine not exceeding one million won.
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 Article 29 (Fine for Negligence)  
(1) Any person who violates Article 26 shall be punished by a fine for negligence of not more than five hundred thousand won.
(2) The fine for negligence under paragraph (1) shall be imposed and collected by the Ministry of Health and Welfare as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>
(3) Any person who intends to dispute the imposition of a fine for negligence under paragraph (2) may raise an objection with the Minister of Health and Welfare within thirty days from the date of notice of the imposition. <Amended by Act No. 5454, Dec. 13, 1997>
(4) If a person against whom a fine for negligence has been assessed under paragraph (2) raises an objection pursuant to paragraph (3), the Minister of Health and Welfare shall, without delay, notify a competent court, and the court shall review the imposition of the fine for negligence under the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 5454, Dec. 13, 1997>
(5) If a person raises no objection within the period stipulated in paragraph (3) and fails to pay the fine for negligence, the fine shall be collected pursuant to the procedure for the recovery of national taxes in arrears.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1988.
Article 2 (Transitional Measures concerning Articles of Association)
The detailed regulations of the Red Cross at the time when this Act enters into force, shall be deemed to be the articles of association provided in Article 5 (1): Provided, That the Red Cross shall prepare articles of association in accordance with Article 5 (1) and have them adopted at a meeting of the Central Committee pursuant to Article 15 of the previous Act of Incorporation of Republic of Korea National Red Cross within six months of the enforcement date of this Act, and shall obtain approval thereof from the Minister of Health and Welfare.
Article 3 (Transitional Measure concerning General Assembly of National Representatives)
A General Assembly of National Representatives under Article 10 shall be established within three months from the date of approval of the articles of association pursuant to the proviso of Article 2 of this Addenda
Article 4 (Transitional Measures concerning Central Committee)
(1) The Central Committee under Article 11 shall be established within three months from the date of the establishment of the General Assembly of National Representatives pursuant to Article 3 of this Addenda.
(2) The existing Central Committee shall be deemed to be the Central Committee under this Act until it is established pursuant to paragraph (1) above.
(3) Existing members of the Central Committee at the time when this Act enters into force, shall be deemed to be members of the Central Committee under this Act, and their terms of office shall be deemed inclusive of the time served in the previous term of office.
(4) Seven members of the Central Committee to be newly elected pursuant to Article 11 (2) 1 shall be elected at the General Assembly of National Representatives in such a manner that their terms of office shall be three years for three persons, two years for two persons, and one year for the other two persons respectively, regardless of Article 11 (3).
Article 5 (Transitional Measures concerning Operating Committee)
(1) The Operating Committee under Article 12 shall be established within one month from the date of the establishment of the Central Committee under this Act pursuant to Article 4 (1) of this Addenda.
(2) The existing Executive Committee shall be deemed to be the Operating Committee under this Act until the establishment of the Operating Committee pursuant to paragraph (1) above.
Article 6 (Transitional Measures concerning Officers and Advisors)
(1) The president of the Red Cross, at the time when this Act enters into force, shall be deemed to have been elected and approved in accordance with Article 15 (3), and the time served in the previous term of office shall count towards the term of office of the president.
(2) The vice presidents and the finance supervisor of the Red Cross at the time when this Act enters into force, shall be deemed to have been elected in accordance with Article 15 (3), and the time served in the previous term of office shall count on the conditions that Article 16 shall apply, toward their respective terms of office.
(3) One vice president to be newly elected in accordance with Article 15 (1) shall be elected within one month from the date of the establishment of the Central Committee under this Act pursuant to Article 4 (1) of this Addenda.
(4) The legal counsellor of the Red Cross at the time when this Act enters into force, shall be deemed to be an advisor elected in accordance with Article 15 (3), and the time served in the previous term of office shall count on the conditions that Article 16 shall apply toward the term of office.
Article 7 (Transitional Measures concerning Fiscal Year)
Regardless of Article 20, the fiscal year 1987 of the Red Cross shall end on March 31, 1988, and the fiscal year 1988 of the Red Cross shall begin on April 1, 1988 and end on December 31, 1988.
ADDENDA<Act No. 4268, Dec. 27, 1990.>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM<Act No. 4727, Jan. 7, 1994>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10 (2) 3 and 4 shall enter into force on August 1, 1996, and those of Article 12 (2), on April 1, 1994.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5608, Dec. 30, 1998>
(1) (Enforcement Date) This Act shall enter into force on March 1, 1999.
(2) (Transitional Measures on Terms of Offices for Representatives or Members Elected to Fill Vacancies) The representatives of the General Assembly of National Representatives or members of the Central Committee, who are elected to fill vacancies under the previous provisions at the time of enforcement of this Act, shall hold office until the terms of offices for representatives or members elected to fill vacancies under the previous provisions expire, notwithstanding the amended provisions of the provisos of Articles 10 (3) and 11 (3).
ADDENDA<Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 6728, Aug. 26, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 8248, Jan. 19, 2007>
This Act shall enter into force on the date of its promulgation.

Last updated : 2009-07-26