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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON OVERSEAS KOREANS

Presidential Decree No. 33841, Nov. 7, 2023

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated from the Framework Act on Overseas Koreans and matters necessary for the enforcement of the aforesaid matters.
 Article 2 (Policies on Overseas Koreans)
"Key policies related to overseas Koreans prescribed by Presidential Decree" in subparagraph 2 (j) of Article 2 of the Framework Act on Overseas Koreans (hereinafter referred to as the "Act") means policies on civil service, such as the establishment and operation of an integrated civil complaint system for overseas Koreans.
 Article 3 (Formulation of Master Plan)
(1) The Commissioner of the Overseas Koreans Agency shall finalize a master plan for policies on overseas Koreans under Article 7 (1) of the Act (hereinafter referred to as "master plan") pursuant to Article 7 (3) of the Act by no later than August 31 of the year preceding the year in which such master plan commences.
(2) The Commissioner of the Overseas Koreans Agency shall notify the head of the relevant central administrative agency and the head of a local government of the master plan finalized pursuant to paragraph (1) without delay and submit it to the competent standing committee of the National Assembly.
 Article 4 (Formulation and Evaluation of Implementation Plans)
(1) The head of the relevant central administrative agency shall prepare an implementation plan for the following year pursuant to Article 8 (2) of the Act and submit it to the Commissioner of the Overseas Koreans Agency by no later than October 31 each year.
(2) The head of the relevant central administrative agency shall submit the results of implementation of the implementation plan of the previous year to the Commissioner of the Overseas Koreans Agency by the end of February each year pursuant to Article 8 (2) of the Act.
(3) The Commissioner of the Overseas Koreans Agency and the head of the relevant central administrative agency shall report the results of the evaluation of the performance of the implementation plan of the previous year pursuant to Article 8 (3) of the Act to the Overseas Koreans Policy Committee under Article 10 (1) of the Act (hereinafter referred to as the "Committee") by the end of February each year.
 Article 5 (Composition and Operation of Overseas Koreans Policy Committee)
(1) "Vice Ministers or public officials of vice minister-levels of the of the relevant central administrative agency prescribed by Presidential Decree" in Article 10 (3) 1 of the Act means any of the following persons. In such cases, an institution that has a plurality of Vice Ministers or public officials of vice minister-levels shall be the Vice-Ministers or public officials of vice minister-levels designated by the head of the relevant institution.
1. Vice Minister of Strategy and Finance, Vice Minister of Education, Vice Minister of Science and ICT, Vice Minister of Foreign Affairs, Vice Minister of Unification, Vice Minister of Justice, Vice Minister of the Interior and Safety, Vice Minister of Culture, Sports and Tourism, Vice Minister of Employment and Labor, Deputy Minister of the Office for Government Policy Coordination, and Commissioner of the Overseas Koreans Agency;
2. Except as provided in the persons referred to in subparagraph 1, the Vice Minister or the Vice Minister-level public official of the relevant central administrative agency, which the Chairperson of the Committee (hereinafter referred to as the "Chairperson") deems necessary for deliberation on the agenda of the Committee;
(2) Where a member appointed pursuant to Article 10 (3) 2 of the Act falls under any of the following, the chairperson may dismiss the relevant member:
1. Where the member becomes incapable of performing his or her duties due to mental or physical debility;
2. Where the member is found to have committed irregularities in connection with his or her duties;
3. Where the member is deemed unsuitable for a member due to delinquency of duties, injury to dignity, or any other reason;
4. Where the member voluntarily declares that it is impracticable for him or her to perform his or her duties.
(3) The chairperson shall represent the Committee, convene meetings of the Committee, and preside over the meeting.
(4) Where the chairperson is unable to perform his or her duties for unavoidable reasons, a member of the Committee pre-appointed by him or her shall perform his or her duties on his or her behalf.
(5) If the chairperson intends to convene a meeting, he or she shall notify each member of the date and time and place of the meeting and the agenda for deliberation at least seven days prior to the holding of the meeting. Provided, That if it is necessary to urgently convene a meeting or there are other unavoidable reasons, it may be notified by the day before the meeting.
(6) A majority of the members of the Committee shall constitute a quorum, and any resolution decision thereof shall require the concurring vote of a majority of those present. Provided, That where the contents of the agenda to be proposed to the Committee are insignificant or there is no time to hold a meeting, a resolution may be made only by written deliberation, but a resolution shall be made by a majority vote of the incumbent members.
(7) The Committee shall have one secretary to perform the business affairs of the Committee, who shall be the director of the Consular Security Bureau of the Ministry of Foreign Affairs.
 Article 6 (Composition and Operation of Overseas Koreans Policy Committee)
(1) The working committee for policies on overseas Koreans provided in Article 10 (5) of the Act (hereinafter referred to as "working committee") shall consist of not more than 25 members including a chairperson.
(2) The following persons shall be members of the working committee:
1. A person nominated by the head of the relevant agency from among public officials of office deputy minister-levels of a central administrative agency to which the members of the committee (excluding appointed members) belong;
2. A person appointed by the chairperson of the working committee from among persons who have extensive knowledge of, and experience in, policies on overseas Koreans;
(3) The term of office of each member appointed pursuant to paragraph (2) 2 shall be two years, and Article 5 (2) shall apply mutatis mutandis to the dismissal of the member.
(4) A majority of the members of the working committee shall constitute a quorum, and any resolution decision thereof shall require the concurring vote of a majority of those present.
(5) If the chairperson of the working committee deems it necessary to perform the duties of the working committee, he or she may have public officials belonging to the relevant central administrative agencies and local governments, relevant experts, etc. attend the meeting to hear their opinions.
 Article 7 (Allowances)
Allowances, travel expenses, and other necessary expenses may be paid to members who attend committees, working committees, or persons who attend working committees under Article 6 (5) within budgetary limits. Provided, That this shall not apply where a public official attends in direct connection with the affairs under his or her jurisdiction.
 Article 8 (Detailed Rules for Operation)
Except as provided in this Decree, matters necessary for the composition and operation of the Committee shall be determined by the chairperson through a resolution of the Committee, and matters necessary for the composition and operation of the working committee shall be determined by the chairperson of the working committee through a resolution of the working committee.
 Article 9 (Hearing Opinions of Overseas Koreans)
The Commissioner of the Overseas Koreans Agency may undergo the following procedures to hear opinions of overseas Koreans pursuant to Article 13 (1) of the Act.
1. Public hearings or meetings;
2. Opinion polls, such as surveys;
3. Collection of other opinions in writing or through information and communications networks;
 Article 10 (Subject to, and Methods of Fact-Finding Surveys)
(1) The subject matters of the fact-finding survey under Article 14 (1) of the Act shall be as follows.
1. Current status and statistics on overseas Koreans;
2. Living conditions and actual conditions of overseas Koreans in the country of residence;
3. Other matters necessary for formulating policies for overseas Koreans;
(2) A fact-finding survey under paragraph (1) (hereinafter referred to as "fact-finding survey") shall be conducted in writing or by means of an on-site survey, and if necessary for an efficient survey, it may be conducted by utilizing information and communications networks, such as electronic mail.
(3) The Commissioner of the Overseas Koreans Agency may, if necessary for the efficient promotion of fact-finding surveys, commission the relevant research institutes, organizations, experts, etc. to conduct such surveys.
(4) Except as otherwise provided in paragraphs (1) through (3), detailed matters necessary for the contents, methods, procedures, etc. of a fact-finding survey shall be prescribed by the Commissioner of the Overseas Koreans Agency.
 Article 11 (World Korean Day and World Korean Week)
The State and local governments may hold the following events on World Korean Day and World Korean Week under Article 15 (1) of the Act.
1. Cultural, artistic, sports, and academic events related to overseas Koreans;
2. Awards to persons of merit who have contributed to the promotion of the rights and interests of overseas Koreans and the development of overseas Korean communities;
3. Other events to enhance the pride of the overseas Korean communities and to further strengthen the ties between overseas koreans and the Republic of Korea;
ADDENDA <No. 33841, Nov. 7, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 10, 2023.
Article 2 (Special Cases concerning Formulation of Master Plans and Implementation Plans)
(1) Notwithstanding Article 3 (1), the Commissioner of the Overseas Koreans Agency may finalize the master plan to be formulated for the first time after this Decree enters into force by January 31 of the year in which the master plan commences.
(2) Notwithstanding Article 4 (1), the head of the relevant central administrative agency may submit an annual implementation plan to be formulated for the first time after this Decree enters into force to the Commissioner of the Korean Overseas Agency within three months from the date he or she is notified of the master plan finalized pursuant to paragraph (1).