ACT ON THE ESTABLISHMENT AND MANAGEMENT OF COUNCILS, COMMISSIONS AND COMMITTEES UNDER ADMINISTRATIVE AGENCIES
Act No. 9304, Dec. 31, 2008
Amended by Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13462, Aug. 11, 2015
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to contribute to improving democracy, transparency and efficiency in the operation of committees by prescribing matters necessary for the establishment and operation of committees belonging to administrative agencies.
| Article 2 (Basic Principles) |
| (1) | The head of an administrative agency shall effectively coordinate interests concerning major policies, arrange for related administrative agencies to systematically reach an agreement and have consultation, and conduct administration democratically and efficiently by fairly and appropriately operating committees (referring to collegiate organizations comprised of several members to provide advice as requested on, coordinate, consult, deliberate or pass a resolution on affairs under the jurisdiction of an administrative agency, regardless of the name thereof, such as a committee, council, conference, etc.; hereinafter the same shall apply). |
| (2) | No committee shall provide advice as requested on, coordinate, consult about, deliberate, or pass a resolution on matters that restrict the people's rights or impose duties on the people beyond functions and powers prescribed by statutes. |
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to the following committees belonging to administrative agencies: |
| 1. | The President and agencies under his/her control; |
| 2. | The Prime Minister and agencies under his/her control; |
| (2) | Notwithstanding the provisions of paragraph (1), this Act shall not apply to committees established under the Constitution and committees established as central administrative agencies under other Acts pursuant to Article 2 (2) of the Government Organization Act: Provided, That this shall not apply where a committee is established and operated in a committee established as a central administrative agency. |
| Article 4 (Relationship to Other Statutes) |
Where other Acts on the establishment and operation of committees are enacted or amended, such other Acts shall be enacted or amended in line with the purpose and basic principles of this Act.
| Article 5 (Requirements for Establishment of Committees) |
| 1. | The details of the business thereof need to be determined by hearing the opinion of persons who have expert knowledge or experience; |
| 2. | The business thereof shall be conducted following the prudent procedures due to the nature of the business thereof; |
| 3. | The business thereof shall not overlap with the business of any existing administrative agency, but shall have originality; |
| 4. | The business thereof shall have continuity and constancy. |
| (2) | Committees excluding an administrative committee (hereinafter referred to as "consultative committee, etc.") shall meet the requirements under paragraph (1) 1 and 2. |
| Article 6 (Procedures for Establishment of Committees) |
| (1) | Where the head of an administrative agency (where there exists the head of a central administrative agency in charge of the operation, such as the performance of a role as the administrative secretary, etc., of any committee under the control of the President and the Prime Minister, referring to the head of such central administrative agency; hereinafter the same shall apply) intends to establish a committee, he/she shall consult with the Minister of the Interior and Safety in advance. In such cases, the scope of committees subject to consultation shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the head of an administrative agency establishes a committee, he/she shall stipulate the following matters in statutes: Provided, That in cases falling under subparagraph 4, the foregoing shall be limited to cases where a fair and objective deliberation or resolution is particularly required, such as authorization or permission, dispute settlement, etc., which are related to the rights and obligations of the citizens: <Amended on Aug. 11, 2015; May 16, 2023> |
| 1. | The objectives of establishment, functions, and nature; |
| 2. | The composition and the term of office of the committee members; |
| 3. | The term of existence; |
| 4. | Grounds for disqualification of, exclusion of, challenge to, and voluntary refrainment by a member of the committee; |
| 5. | Matters prescribed by Presidential Decree, such as the convocation of meetings and the quorum required for resolution of the committee. |
| (3) | Where the head of an administrative agency establishes a committee necessary for cases that require a fair and objective deliberation or resolution, such as authorization or permission, dispute settlement, etc. which are related to the rights and obligations of the citizens, he/she shall take a measure necessary to stipulate matters concerning legal fiction of public officials for the purposes of penalty provisions for a non-public official committee member (including a member of a subcommittee, etc. established under Article 8 (3)) in any related Acts. <Amended on Aug. 11, 2015> |
| (4) | The head of an administrative agency shall prepare, for fair and objective operation of a committee, criteria for discharge or dismissal of a member of the committee who is deemed to be inappropriate to maintain the position of a committee member due to malfeasance, etc. in relation to his/her duties. <Newly Inserted on Aug. 11, 2015> |
| (5) | Except as provided for in paragraphs (1) through (4), necessary matters concerning the method and procedure for establishment of a committee shall be determined by Presidential Decree. <Newly Inserted on Aug. 11, 2015> |
| Article 7 (Restrictions on Establishment of Overlapping Committees) |
| (1) | No head of any administrative agency shall establish or operate a committee overlapping in nature and functions with a committee established under such agency or related agency. |
| (2) | The head of an administrative agency shall connect multiple committees that are similar or related in their characteristics or functions into a system of one committee, subcommittees, and standing expert committees, and operate such system. <Newly Inserted on Aug. 11, 2015> |
| (3) | The head of an administrative agency shall endeavor to establish or operate an integrated committee to comprehensively reflect opinions of experts from various sectors on policies under his/her jurisdiction to prevent an unnecessary committee from being established. <Amended on Aug. 11, 2015; May 16, 2023> |
| Article 7-2 (Establishment and Operation of Policy Consultative Committees) |
| (1) | The head of an administrative agency may establish and operate a policy consultative committee to hear and reflect the opinions of experts from various sectors on policies under his/her jurisdiction. |
| (2) | The head of an administrative agency may utilize the relevant policy consultative committee instead of establishing a new committee to prevent committees that have overlapping characteristics and functions or unnecessary committees from being established pursuant to Article 7. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the establishment and operation of a policy consultative committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 16, 2023]
| Article 8 (Composition of Committees) |
| (1) | A committee shall be comprised of non-standing members in the appropriate number of persons necessary to efficiently achieve the objectives of the establishment thereof: Provided, That in special cases prescribed by Presidential Decree, such as an administrative committee, etc., it may have the minimum standing members necessary to achieve the objectives thereof. |
| (2) | Except in special cases prescribed by Presidential Decree, a term of office of a non-public official member shall not exceed three years. |
| (3) | If necessary for efficiently operating a committee, a subcommittee, etc. may be established under the committee. |
| (4) | The head of an administrative agency shall appoint or commission persons who have extensive expert knowledge or experience in related fields within the minimum period from the date on which the statutes concerning the establishment and operation of committees enter into force. |
| (5) | The head of an administrative agency shall not appoint or commission a specific member to several committees in duplicate unless there is a compelling reason not to do so, and shall verify and check whether the specific member overlaps by utilizing the information, etc. under Article 19-3 (4) of the State Public Officials Act. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the composition of a committee shall be prescribed by Presidential Decree. <Amended on Apr. 26, 2022> |
| Article 9 (Operation of Committees) |
| (1) | The head of an administrative agency shall notify the committee members of the meeting schedule, agenda, etc. by seven days before he/she holds a meeting: Provided, That this shall not apply where he/she needs to hold a meeting due to emergency or in cases prescribed by Presidential Decree, such as matters related to the national security, etc. |
| (2) | Except in cases prescribed by Presidential Decree, such as cases where the details of the agenda are insignificant, etc., a committee shall be held by a meeting attended by the members thereof (including a video conference). |
| (3) | Where there exists an interested party related to the agenda of a meeting, a committee shall hear his/her opinion or have him/her attend the relevant meeting. |
| (4) | A committee shall be operated fairly to prevent a specific committee member from unfairly delivering or passing a resolution on any agenda. |
| (5) | In addition to matters prescribed in paragraphs (1) through (4), necessary matters concerning the operation of a committee shall be prescribed by Presidential Decree. |
| Article 10 (Secretariats, etc. of Committees) |
| (1) | An administrative committee may have the minimum secretariat required, and matters concerning the composition and the legally fixed number of officials of the secretariat shall be prescribed by Presidential Decree stipulating the organization and the legally fixed number of officials of an administrative agency. |
| (2) | No secretariat shall be established in a consultative committee, etc. or employees, such as standing expert members shall be assigned to such committee: Provided, That this shall not apply to a committee, if it is impractical for the head of an administrative agency to directly support the committee's business, meeting the requirements prescribed by Presidential Decree. |
| Article 11 (Term of Existence of Committees) |
| (1) | Where an administrative committee is established pursuant to Article 5 of the Government Organization Act, the period of existence thereof shall be determined within the minimum period necessary for achieving the purpose of its establishment and shall be stipulated in statutes. In such cases, the term of existence shall not exceed five years. <Amended on May 16, 2023> |
| (2) | Where the head of an administrative agency establishes a consultative committee, etc., he/she shall determine the term of existence thereof within the minimum period necessary for achieving the purpose of its establishment and specify it in statutes or regulations. In such cases, the term of existence shall not exceed five years. <Amended on May 16, 2023> |
| (3) | When it is necessary to extend the term of existence of a committee under paragraphs (1) and (2), the head of an administrative agency shall consult with the Minister of the Interior and Safety in advance, as prescribed by Presidential Decree. <Newly Inserted on May 16, 2023> |
| (4) | When it is necessary to extend the term of existence of a committee prescribed by statutes, the head of an administrative agency shall submit to the National Assembly a draft amendment to the relevant statutes that states the extension of the term of existence, as prescribed by Presidential Decree. <Newly Inserted on May 16, 2023> |
| (5) | The head of an administrative agency shall, every two years, examine whether a committee under his/her jurisdiction continues to exist, including the term of existence of the committee, and submit the results of such examination to the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; May 16, 2023> |
| (6) | Where the Minister of the Interior and Safety deems it necessary for the abolishment, etc. of a committee based on the results of an examination submitted pursuant to paragraph (5), he/she shall include such results in the readjustment plan under Article 14 (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; May 16, 2023> |
| (7) | Matters necessary for examining whether a committee continues to exist under paragraph (5), etc. shall be prescribed by Presidential Decree. <Amended on May 16, 2023> |
The head of an administrative agency may pay an allowance to a committee member who attends a committee meeting within budget limits: Provided, That this shall not apply where a public official member attends a committee meeting directly related to his/her business.
| Article 13 (Notification of Current Status and Details of Activities of Committees) |
| (1) | Where a committee is established, the head of an administrative agency shall notify the Minister of the Interior and Safety of the following current status of the committee without delay after it is established: Provided, That committees prescribed by Presidential Decree, such as committees established under each administrative agency in common pursuant to other statutes, shall be excluded from the committees subject to notification, and the head of an administrative agency may determine the scope of notification in consultation with the Minister of the Interior and Safety on the committees subject to non-disclosure pursuant to other statutes: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The composition and functions of the committee; |
| 2. | An operating plan of the committee, such as the holding of committee meetings; |
| 3. | Matters prescribed by Presidential Decree, such as human resources for the operation of the committee and the current status of budget. |
| (2) | The head of an administrative agency shall notify the Minister of the Interior and Safety of detailed statements of activities, such as the details of the execution of budget and the outcomes of operation, of the committees under his/her jurisdiction each year: Provided, That he/she may exclude committees prescribed by Presidential Decree, such as committees established in each administrative agency in common pursuant to other statutes, from the committees subject to notification, and determine the scope of notification in consultation with the Minister of the Interior and Safety on the committees subject to non-disclosure pursuant to other statutes. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 14 (Inspection on Activities of Committees) |
| (1) | The Minister of the Interior and Safety shall inspect the current status and detailed statements of activities of committees notified pursuant to Article 13 (1) and (2) and formulate a readjustment plan concerning the correction and supplement of the operation of committees, the integration or discontinuance of committees, and similar matters. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | To conduct business under paragraph (1), the Minister of the Interior and Safety may ascertain detailed statements of activities, etc. of committees or require relevant administrative agencies to submit related materials. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The head of an administrative agency requested to submit related materials pursuant to paragraph (2) shall comply with such request in the absence of special circumstances. |
| (4) | The Minister of the Interior and Safety may recommend the head of an administrative agency to take necessary measures according to a readjustment plan under paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The head of an administrative agency shall notify, without delay, the Minister of the Interior and Safety of the results of measures taken upon recommendation under paragraph (4). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 15 (Disclosure of Operation of Committees and Reporting to the National Assembly) |
| (1) | The head of an administrative agency shall disclose the current status, detailed statements of activities, and similar matters of committees in accordance with Article 13 (1) and (2) on its Internet website, etc., and report the same to the competent standing committee of the National Assembly of the Republic of Korea as prescribed by Presidential Decree. |
| (2) | The Minister of the Interior and Safety shall prepare a report concerning the current status of the operation of committees, in which a readjustment plan of committees formulated under Article 14, the results of measures taken, and similar matters are integrated, and annually submit the same to the National Assembly of the Republic of Korea before a regular session of the National Assembly is held. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
ADDENDA <Act No. 9304, Dec. 31, 2008>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Special Cases concerning Verification as to whether to Maintain Consultative Committee, etc.) Notwithstanding the provisions of Article 11 (3), the head of an administrative agency who establishes or operates a consultative committee, etc. as at the time this Act enters into force shall verify whether to maintain such committees within one year from the date this Act enters into force and submit the results thereof to the Minister of Public Administration and Security. |
| (3) | (Transitional Measures concerning Committees Established and Operated as at Time This Act Enters into Force) A committee established and being operated as at the time this Act enters into force shall be deemed a committee established and operated in compliance with this Act. |
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13462, Aug. 11, 2015>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 6 (3) shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That any statute amended by Article 5 of this Addenda which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of each relevant statute. |
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 18852, Apr. 26, 2022>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 19407, May 16, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Establishment of Term of Existence of Committees)
The amended provisions of Articles 6 (2) 3 and 11 (1) and (2) shall begin to apply where a new committee is established after this Act enters into force. Article 3 (Applicability to Extension of Period of Existence of Committees)
The amended provisions of Article 11 (3) and (4) shall also apply where the term of existence of a committee, which has been determined before this Act enters into force, is extended. Article 4 (Applicability to Examination of Whether Committees Continue to Exist)
The head of an administrative agency shall examine whether a committee under his/her jurisdiction continues to exist under the amended provisions of Article 11 (5) and submit the results of such examination to the Minister of the Interior and Safety within one year from the date this Act enters into force.