법령조회

뒤로가기 메인화면

ENFORCEMENT DECREE OF THE ACT ON SUPPORT FOR GAESEONG INDUSTRIAL COMPLEX

Presidential Decree No. 20281, Sep. 20, 2007

Amended by Presidential Decree No. 20721, Feb. 29, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 21641, Jul. 27, 2009

Presidential Decree No. 21648, Jul. 30, 2009

Presidential Decree No. 21835, Nov. 20, 2009

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22221, jun. 28, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22404, Sep. 27, 2010

Presidential Decree No. 22815, Apr. 1, 2011

Presidential Decree No. 23987, Jul. 24, 2012

Presidential Decree No. 24098, Sep. 12, 2012

Presidential Decree No. 24422, Mar. 23, 2013

Presidential Decree No. 24826, Nov. 5, 2013

Presidential Decree No. 26248, May 26, 2015

Presidential Decree No. 27792, Jan. 17, 2017

Presidential Decree No. 32447, Feb. 17, 2022

Presidential Decree No. 32881, Aug. 23, 2022

Presidential Decree No. 34310, Mar. 19, 2024

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Act on Support for the Gaeseong Industrial Complex and matters necessary for the enforcement thereof.
 Article 2 (Enterprises Invested in GIC)
The term "small and medium enterprise prescribed by Presidential Decree" in subparagraph 4-2 of Article 2 of the Act on Support for the Gaeseong Industrial Complex (hereinafter referred to as the "Act") means a small and medium enterprise under Article 2 of the Framework Act on Small and Medium Enterprises which holds more than 50/100 of shares in a local enterprise of the GIC.
[This Article Wholly Amended on Sep. 27, 2010]
 Article 3 Deleted. <Sep. 27, 2010>
 Article 4 Deleted. <Sep. 27, 2010>
CHAPTER II SUPPORT FOR DEVELOPMENT AND INVESTMENT
 Article 5 (Financial Support)
The Government may provide financial support for the following items under Article 6 (1) of the Act: <Amended on Jan. 17, 2017>
1. Construction costs for water supply facilities;
2. Construction costs for sewerage and public wastewater treatment facilities, etc.;
3. Other costs and expenses determined by the Minister of Unification for facilitating the establishment and operation of the GIC.
 Article 6 (Support for Infrastructure)
(1) The Government or providers of relevant facilities shall have priority over other providers pursuant to Article 6 (2) of the Act in supporting the following infrastructure: <Amended on Jan. 17, 2017>
1. Roads and railroads;
2. Water supply facilities, electricity and communications facilities, and gas facilities;
3. Sewerage, public wastewater treatment facilities, and waste disposal facilities;
4. Utility tunnels in the GIC;
5. Integrated energy supply facilities;
6. Other facilities determined by the Minister of Unification as public facilities necessary for developing the GIC.
(2) Korea Electric Power Corporation shall, in advance, construct the electric facilities required for the roads specified in the GIC development plan with approval for a cooperative project from the Minister of Unification pursuant to Article 17 of the Inter-Korean Exchange and Cooperation Act.
(3) The Government may grant financial support, etc. to the providers of facilities referred to in paragraph (1).
 Article 7 (Procedures for Support)
The procedures prescribed in the Inter-Korean Cooperation Fund Act shall apply where any support under Articles 5 and 6 is provided by the Government using the Inter-Korean Cooperation Fund.
 Article 8 (Prior Consultation)
Where the Minister of Land, Infrastructure and Transport bears expenses or provides facilities and financial support under the proviso of Article 28 (1) and Articles 29 and 46 of the Industrial Sites and Development Act in accordance with the Article 6 (3) of the Act, he or she shall consult in advance with the Minister of Unification and the Minister of Economy and Finance. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 9 (Investment Support)
(1) Pursuant to Article 12 of the Act, the Government may provide a local enterprise of the GIC with support prescribed by the following statutes: <Amended on Nov. 20, 2009; Jun. 28, 2010; Sep. 27, 2010; Sep. 12, 2012; May 26, 2015; Feb. 17, 2022; Aug. 23, 2022>
1. The Framework Act on the Promotion of Cultural Industries;
8. The Act on the Promotion of Technology Innovation of Small and Medium Enterprises;
9. The Special Act on the Promotion of Business Conversion in Small and Medium Enterprises;
12. Deleted; <Aug. 23, 2022>
16. The Act on the Development of Lifelong Vocational Skills of Citizens.
(2) The Government shall ensure that support for local enterprises of the GIC under paragraph (1) above and Articles 7 through 10 of the Act is provided based on criteria that are substantially the same as the criteria used for providing support for companies located in South Korea.
(3) If necessary depending upon the circumstances of the GIC, the support referred to in paragraph (2) may be provided through a South Korean resident who has established a local enterprise of the GIC with approval for a cooperative project recognized under Article 17 of the Inter-Korean Exchange and Cooperation Act or after the acceptance of a report on such cooperative project under Article 17-2 of that Act. <Amended on Jul. 30, 2009>
 Article 9-2 (Support for Management Normalization)
In accordance with Article 12-2 (1) of the Act, the Minister of Unification may determine the method, timing, and amount, etc. of the support for enterprises invested in the GIC subject to resolution by the Inter-Korean Exchange and Cooperation Promotion Council under Article 4 of the Inter-Korean Exchange and Cooperation Act, within one month after the occurrence of any of the following events:
1. Where an entry into or exit from the GIC is blocked for most of local enterprises of the GIC for a consecutive period of one month or more;
2. Where it becomes impossible for most of local enterprises of the GIC to continue to engage in production activities for one month or more due to the suspension of workers’ work or suspension of logistics and transportation services.
[This Article Newly Inserted on Sep. 27, 2010]
 Article 9-3 (Scope of Fact-Finding Surveys)
(1) The scope of a fact-finding survey under Article 12-6 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be as below:
1. The current status of losses sustained by enterprises invested in the GIC, in terms of investment amounts and inventories;
2. Changes in the employment of workers by enterprises invested in the GIC;
3. Matters concerning requests for support by enterprises invested in the GIC;
4. Other matters necessary for the formulation and implementation of policies to support enterprises invested in the GIC.
(2) Before conducting a fact-finding survey, the Minister of Unification shall formulate a survey plan including the purpose, period, items, and details of the survey, the scope of publication of the results thereof, etc. and shall notify persons subject to the survey thereof.
(3) A fact-finding survey shall be conducted by means of a written survey, on-site survey, etc.
(4) If necessary for efficient fact-finding surveys, the Minister of Unification may request a research institute or organization specializing in accounting, etc. to conduct such surveys.
(5) Upon conducting a fact-finding survey, the Minister of Unification may publish the results thereof.
[This Article Newly Inserted on Nov. 5, 2013]
CHAPTER III PROTECTION OF PERSONS ENTERING, EXITING, AND STAYING IN GIC
 Article 10 (Establishment and Operation of Branch Offices)
(1) For purposes of applying the subparagraphs of Article 13 (1) and Article 15 (1) 4 of the Act, the National Pension Service, the National Health Insurance Corporation, and the Korea Workers' Compensation and Welfare Service may establish branch offices in the GIC under the National Pension Act, the National Health Insurance Act, and the Industrial Accident Compensation Insurance Act, respectively.
(2) Where branch offices are established in the GIC under paragraph (1), respective organizations referred to in paragraph (1) may jointly establish and operate their branch offices. In such cases, matters relating to the establishment and operation of such joint branch office shall be determined by the Minister of Unification, the Minister of Health and Welfare, and the Minister of Employment and Labor through mutual consultation. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jul. 12, 2010>
(3) Where no branch office is established in the GIC, each of the organizations referred to in paragraph (1) may require its branch office having jurisdiction over the border area (referring to Dorasan-ri, Jangdan-myeon, Paju-si, Gyeonggi-do; hereinafter the same shall apply) to perform relevant duties.
 Article 11 (Jurisdiction)
(1) The duties of the Health Insurance Review and Assessment Service related to the application of Article 13 (1) 2 of the Act shall be performed by the head of the branch office of the Health Insurance Review and Assessment Service having jurisdiction over the border area.
(2) The duties determined by the Minister of Employment and Labor from among the duties of the heads of employment security offices related to application of Article 13 (1) 3 of the Act shall be performed by the head of the employment security office having jurisdiction over the border area. <Amended on Jul. 12, 2010>
(3) The authorities or duties of the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) under Articles 33, 37, 38, 40, 45, 48, 61, 67, etc. of the Medical Service Act with respect to the establishment and operation of a medical institution shall be exercised or performed by the Mayor of Paju City. <Amended on Sep. 27, 2010>
(4) For purposes of applying the subparagraphs of Article 15 (1) of the Act, the following authorities related to local enterprises of the GIC and workers from South Korea shall be exercised by the head of the regional employment and labor office having jurisdiction over the border area: <Amended on Jul. 12, 2010; Jul. 24, 2012; Sep. 12, 2012>
1. Authority delegated to the head of a regional employment and labor office pursuant to Article 106 of the Labor Standards Act and Article 59 of the Enforcement Decree of that Act;
2. Authority delegated to the head of a regional employment and labor office pursuant to Article 26-2 of the Minimum Wage Act and Article 21-2 of the Enforcement Decree of that Act;
3. Authority delegated to the head of a regional employment and labor office pursuant to Article 42 of the Act on the Guarantee of Employees' Retirement Benefits and Article 41 of the Enforcement Decree of that Act;
4. Authority delegated to the head of a regional employment and labor offices pursuant to Article 27 of the Wage Claim Guarantee Act and Article 24 of the Enforcement Decree of that Act;
5. Authority delegated to the heads of local employment and labor offices pursuant to Article 87 of the Trade Union and Labor Relations Adjustment Act and Article 33 of the Enforcement Decree of that Act.
(5) For purposes of applying the subparagraphs of Articles 15 (1) of the Act, the following authorities or duties related to local enterprises of the GIC and workers from South Korea shall be exercised or performed by the labor relations commission having jurisdiction over the border area:
1. Authority or duties of the labor relations commission under the Labor Standards Act;
2. Authority or duties of the labor relations commission under the Trade Union and Labor Relations Adjustment Act.
(6) For purposes of applying the subparagraphs of Article 15 (1) of the Act, the following authorities related to local enterprises of the GIC and workers from South Korea shall be exercised by the labor inspector having jurisdiction over the border area:
1. Authority of labor inspectors referred to in Article 102 of the Labor Standards Act;
2. Authority of labor inspectors referred to in Article 26 of the Minimum Wage Act.
(7) For purposes of applying Article 15 (1) 5 of the Act, the persons classified as follows shall be deemed administrative authorities under the Trade Union and Labor Relations Adjustment Act: <Amended on Jul. 12, 2010>
1. For the following trade unions and unit labor unions: The Minister of Employment and Labor:
(a) A trade union being a federation of labor unions;
(b) A unit labor union organized across the GIC and other Special Metropolitan or Metropolitan Cities, Dos, or Special Self-Governing Provinces;
2. For a unit labor union organized across the GIC and other Sis/Guns/Gus (Gu means an autonomous Gu): The Governor of Gyeonggi-do;
3. For a unit labor union organized in the GIC: The Mayor of Paju City.
 Article 12 (Other Matters Necessary for Application)
(1) For purposes of applying the subparagraphs of Articles 13 (1) and 15 (1) of the Act, the number of full-time workers shall be calculated solely on the basis of workers from South Korea. The same shall apply to calculating total wages.
(2) Where an employer of a local enterprise of the GIC, which is subject to the subparagraphs of Articles 13 (1) and 15 (1) of the Act, fails to fulfill any of his or her obligations provided in the respective statutes referred to in those subparagraphs, the Minister for Health and Welfare or the Minister of Employment and Labor may request the Minister of Unification to take necessary measures, such as an order for adjustment of cooperative projects under Article 18 of the Inter-Korean Exchange and Cooperation Act, against the relevant South Korean resident invested in the local enterprise of the GIC. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jul. 12, 2010>
(3) Where a person who has established a medical institution in the GIC in accordance with Article 14 of the Act fails to fulfill his or her obligations under the Medical Service Act, the Medical Care Assistance Act, and the National Health Insurance Act, the heads of relevant agencies may request the Minister of Unification to take the measures provided in paragraph (2).
(4) Other matters necessary for applying the provisions of Articles 13 through 15 of the Act shall be determined and publicly notified by the Minister of Health and Welfare or the Minister of Employment and Labor. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jul. 12, 2010>
 Article 12-2 (Safety Education)
(1) Education prescribed in Article 15-2 of the Act shall include the provision of information necessary for an entry into, exit from, and stay in the GIC, and shall be divided into educational sessions to be conducted prior to the visit to North Korea (hereinafter referred to as "pre-visit education") and those to be conducted during the visit to North Korea (hereinafter referred to as "education during stay").
(2) The pre-visit education may be substituted by the orientation for the visit to North Korea under Article 12 (6) 4 of the Enforcement Decree of the Inter-Korean Exchange and Cooperation Act.
(3) The education during stay may be delegated to the Gaeseong Industrial District Foundation under Article 19 of the Act (hereinafter referred to as the "Foundation") or other relevant organizations, and may be implemented by such means as collective education, workplace education, and individual education.
(4) The pre-visit education shall be provided once when obtaining the approval for visit under Article 9 of the Inter-Korean Exchange and Cooperation Act, and the education during stay may be conducted from time to time, whenever necessary.
[This Article Newly Inserted on Sep. 27, 2010]
CHAPTER IV SPECIAL CASES CONCERNING TAXATION, TRAVEL, AND TRADE
 Article 13 (Application for Registration of Vehicles)
A person who intends to pass through an area between South Korea and the GIC, using a road vehicle, shall submit an application for the registration of a passing vehicle to the head of the border area customs office (referring to the customs office designated by the Commissioner of the Korea Customs Service as the customs office having jurisdiction over the place of entry and exit under Article 2 (1) 2 of the Enforcement Decree of the Inter-Korean Exchange and Cooperation Act; hereinafter the same shall apply): Provided, That, if the head of the border area customs office can electronically confirm a written approval for the operation of transportation equipment provided in Article 20 of the Inter-Korean Exchange and Cooperation Act with respect to the matters required for the registration of a passing vehicle, the application for approval for the operation of transportation equipment shall be deemed an application for the registration of a passing vehicle.
 Article 14 (Issuance of Certificates of Passing Vehicles)
(1) Upon receiving an application for the registration of a passing vehicle, the head of the border area customs office shall issue a certificate of a passing vehicle, as determined by the Commissioner of the Korea Customs Service.
(2) A certificate of a passing vehicle under paragraph (1) may be issued in the form of an electronic card or a certificate having a computer-readable code attached thereto, as determined by the Commissioner of the Korea Customs Service. In such cases, the head of the border area customs office may entrust the Minister of Unification with the duties of issuing certificates.
(3) Procedures for the issuance of a certificate of a passing vehicle, the effective period of such certificate, and other necessary matters shall be determined by the Commissioner of the Korea Customs Service.
 Article 15 (Confirmation of Entry and Exit and Report of Arrival and Departure)
(1) A person who intends to enter or exit the GIC using a road vehicle shall present the certificate of a passing vehicle to the customs officer for confirmation of his or her entry or exit when entering or exiting the GIC.
(2) Where a certificate of a passing vehicle is issued in the form of an electronic card, etc. pursuant to Article 14 (2), the confirmation of entry and exit under paragraph (1) shall be substituted by verification with an electronic reader.
(3) With respect to a vehicle which went through the procedure for confirmation of entry and exit pursuant to paragraph (2), part or all of the accompanying documents required under Articles 149 and 150 of the Customs Act may be exempt from submission to such extent as determined by the Commissioner of the Korea Customs Service.
 Article 16 (Filing Report and Inspection of Goods Being Transported)
(1) A person intending to transport any goods into or out of the GIC shall file a report thereon with the head of the competent customs office in accordance with the procedures determined by the Commissioner of the Korea Customs Service.
(2) A report on the goods transported into or out of the GIC under paragraph (1) shall be filed by transmitting to the customs clearance system the information required for such a report prepared in the form of electronic documents. In cases of any goods which have been designated by the Commissioner of the Korea Customs Service as those requiring submission of additional documents, the aforesaid information shall have been first transmitted to the customs clearance system and, then, such relevant documents shall be submitted to the head of the competent customs office, accompanied by the report concerning the goods being transported.
(3) In connection with paragraph (2), the submission of relevant required documents may be omitted to such extent as determined by the Commissioner of the Korea Customs Service if deemed necessary for purposes of supporting the development of and investment in the GIC.
(4) The head of the competent customs office may selectively inspect goods transported into or out of the GIC in accordance with Article 17 (1) of the Act.
(5) Even in cases of goods selected as the subject for inspection under paragraph (4), the head of the competent customs office may omit such inspection with respect to the goods for which inspection is deemed unnecessary in view of customs control or monitoring and regulation to such extent as determined by the Commissioner of the Korea Customs Service.
(6) Matters necessary for the types and forms of documents to be submitted pursuant to paragraphs (2) and (3), the criteria for selecting goods for which documents are required to be submitted, and the criteria for the selective inspection under paragraph (4) may be determined and publicly notified by the Commissioner of the Korea Customs Service.
 Article 17 (Exemption from Filing Visit Report)
Pursuant to Article 17 (2) of the Act, a South Korean resident entering or exiting the GIC who holds a certificate of multiple visits duly issued may be granted exemption by Minister of Unification from the obligation to file a visit report in relation to the approved period of visitation, to such extent as determined by the Minister of Unification.
 Article 18 (Review of Entry and Exit)
Pursuant to Article 17 (3) of the Act, a South Korean resident entering or exiting the GIC shall be exempt from submission of an entry or exit report required under Article 21 of the Enforcement Decree of the Inter-Korean Exchange and Cooperation Act: Provided, That such entry or exit report may be required to be submitted where there is any unavoidable reason determined and publicly notified by the Minister of Justice, including a failure of the computerized system. <Amended on Jul. 30, 2009>
CHAPTER V GIC MANAGEMENT ORGAN
 Article 19 (Support for GIC Management Organ)
Where the head of an administrative agency intends to provide funds, personnel, or goods to the GIC management organ pursuant to Article 18 (2) of the Act, he or she shall consult in advance with the Minister of Unification with respect to the subject and methods of such support, etc. If such support provided to the GIC management organ involves any financial expenditure, the head of such administrative agency shall also consult in advance with the Minister of Economy and Finance. <Amended on Dec. 31, 2008>
 Article 20 (Articles of Association)
(1) The articles of association of the Foundation shall include the following matters: <Amended on Sep. 27, 2010>
1. Its purpose;
2. Its name;
3. Matters concerning the main office and branch offices;
4. Matters concerning executive officers and employees;
5. Matters concerning the board of directors;
6. Matters concerning assets and accounting;
7. Matters concerning budgets and settlement of accounts;
8. Matters concerning the amendment to the articles of association;
9. Matters concerning the enactment, amendment, and abolition of the internal regulations;
10. Matters concerning public announcement.
(2) In order to amend its articles of association, the Foundation shall obtain authorization from the Minister of Unification.
 Article 21 (Matters Required to Be Registered for Establishment)
The following matters shall be entered in the registration of establishment under Article 19 (2) of the Act:
1. Its purpose;
2. Its name;
3. Location of the head office;
4. Names and addresses of the executive officers;
5. Methods of public announcement.
 Article 22 (Executive Officers)
(1) The Foundation shall have up to nine directors including a President and an auditor.
(2) Up to three directors not including the President shall be appointed on a full-time basis. <Amended on Mar. 19, 2024>
(3) The President shall be appointed by the Minister of Unification.
(4) The directors and auditor shall be appointed by the Minister of Unification upon recommendation by the President.
(5) The term of office of the President shall be three years and the term of office of a director and an auditor shall be two years, respectively, which may be renewed on a yearly basis.
(6) The number of directors and the number of full-time directors shall be prescribed by the articles of association.
 Article 23 (Duties of Executive Officers)
(1) The President shall represent the Foundation, preside over the business of the Foundation, and direct and supervise employees belonging thereto.
(2) Standing directors shall be responsible for the assignment of duties within the Foundation as provided in the articles of association and the standing director in order of priority prescribed in the articles of association shall act as the President if the President is unable to perform his or her duties for unavoidable reasons.
(3) The auditor shall inspect the affairs and accounts of the Foundation.
 Article 24 (Board of Directors)
(1) In order to deliberate and resolve on important matters pertaining to its activities, the Foundation shall have the board of directors.
(2) The board of directors shall consist of directors including the President.
(3) The President shall convene meetings of the board of directors, and preside over the meetings.
(4) A majority of the members of the board of directors shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(5) The auditor may attend meetings of the board of directors and present his or her opinion.
 Article 25 (Appointment and Dismissal of Employees)
Any employee of the Foundation shall be appointed and dismissed by the President as prescribed by the articles of association.
 Article 26 (Gratuitous Transfer or Lease of State Property)
(1) Gratuitous transfer or lease of any State property under Article 19 (4) of the Act shall be governed by a contract between the managing authority of the relevant State property and the Foundation.
(2) If the State property which is transferred or leased gratuitously under paragraph (1) (hereinafter referred to as "asset") is used by the Foundation for any other purpose than that originally contemplated by the transfer or lease, the managing authority of the property may terminate or cancel such agreement for gratuitous transfer or lease.
 Article 27 (Management of State Properties Gratuitously Transferred or Leased)
(1) The Minister of Unification shall ensure that assets in the custody of the Foundation are duly and rightfully used and managed.
(2) The Foundation shall prepare an asset management plan and submit it to the Minister of Unification each year.
(3) The Minister of Unification may require the Foundation to file a report on its asset management status or to submit data related thereto and, in addition, may require the public officials of the Ministry of Unification to audit the status of management thereof or to take any other necessary measures.
(4) Where the assets gratuitously leased to the Foundation are located in the GIC and have been registered by the Foundation in its name under the Gaeseong Industrial Complex Act and the GIC Real Estate Regulations, it shall be deemed that measures have been duly taken by the head of a central government agency to preserve the Foundation’s rights to the assets in accordance with Article 14 of the State Property Act. <Amended on Jul. 27, 2009; Apr. 1, 2011>
(5) Except as provided in paragraphs (1) through (4), other matters necessary for a gratuitous transfer or lease of a State property shall be prescribed by Ordinance of the Ministry of Unification.
 Article 28 (Request for Dispatch of Public Officials)
The Foundation may request, through the Minister of Unification, the relevant departments or public agencies to dispatch public officials, executive officers, and employees where the Foundation deems it necessary to do in order to attain its purposes.
 Article 29 (Dispatch of Executive Officers and Employees)
The Foundation may dispatch any of its officers and employees to the GIC management organ to work therewith.
 Article 30 (Business Year)
The business year of the Foundation shall coincide with the fiscal year of the Government.
 Article 31 (Submission of Business Plan)
(1) The Foundation shall submit the following documents to the Minister of Unification for approval:
1. A business plan and a budget statement for each business year;
2. Performance in business operations for each business year;
3. The statements of revenue and expenditure by business year which have been audited by a certified public accountant or accounting firm designated by the Minister of Unification.
(2) To revise main contents of a business plan under paragraph (1) 1, the Foundation shall, in advance, submit to the Minister of Unification a business plan stating the content to be revised and the reasons for such revision accompanied by a budget statement for approval.
 Article 32 (Guidance and Supervision)
(1) The Minister of Unification shall guide and supervise the Foundation.
(2) The Minister of Unification may require the Foundation to report matters that he or she deems necessary with respect to its affairs, accounting, and property or may have public officials under his or her control to inspect documents and articles of the Foundation.
(3) If deemed necessary according to the results of a report or inspection under paragraph (2), the Minister of Unification may require the Foundation to make a correction or to take any other necessary measures.
(4) The Foundation shall submit the following data and records to the Minister of Unification when reporting the dissolution under Article 86 of the Civil Act: Provided, That the data required for liquidation may be submitted when the completion of liquidation is reported under Article 94 of the Civil Act: <Newly Inserted on Mar. 19, 2024>
1. Data related to organization, accounting, and budget;
2. All other records, such as documents, books, ledgers, cards, drawings, audiovisual materials, electronic documents, etc. produced or received in connection with duties.
(5) Where any unavoidable cause arises where the Foundation is unable to perform its duties under Article 19 (3) 4 of the Act, the Minister of Unification may require a public institution designated by the Minister of Unification from among public institutions under the Act on the Management of Public Institutions to perform the relevant duties. In such cases, the Minister of Unification shall subsidize the relevant institution for expenses incurred in performing its duties. <Newly Inserted on Mar. 19, 2024>
 Article 33 (Procedures for Dispatch of Non-Public Officials)
(1) Where a non-public official is to be dispatched by the Minister of Unification to North Korea to work with the GIC management organ pursuant to Article 20 of the Act, the reasons, period, and procedures for dispatch, services during the dispatch period, and other necessary matters shall be determined by the Minister of Unification in consultation with the head of the agency or organization to which the dispatched person belongs.
(2) If there arises a need for the Ministry of Unification to dispatch to North Korea any non-public official(s) for purposes of supporting the development, management, and operation of the GIC and promoting inter-Korean economic cooperation, the Minister of Unification may request the head of the relevant agency or organization to recommend person(s) to be dispatched, by specifying the description of the job, the number of people requested and the title of such person(s).
ADDENDA <Presidential Decree No. 20281, Sep. 20, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Preparations for Establishment of Foundation)
(1) The Minister of Unification shall appoint up to five incorporators within 30 days after the Act enters into force, and shall require those members to perform affairs related to the establishment of the Foundation.
(2) The incorporators shall prepare the articles of association of the Foundation and obtain authorization from the Minister of Unification.
(3) Upon obtaining authorization under paragraph (2), the incorporators shall file a registration for establishment of the Foundation under joint signature without delay.
(4) The incorporators shall without delay transfer their duties to the President of the Foundation after registering the establishment of the Foundation.
(5) The incorporators shall be deemed dismissed when the transfer of duties under paragraph (4) has been completed.
ADDENDA <Presidential Decree No. 20721, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
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.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21648, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22221, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Article 2 Omitted.
Article 3 Omitted.
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.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22404, Sep. 27, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22815, Apr. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2011.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 23987, Jul. 24, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2012.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24098, Sep. 12, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24422, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 24826, Nov. 5, 2013>
This Decree shall enter into force on November 14, 2013.
ADDENDA <Presidential Decree No. 26248, May 26, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 28, 2015.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 32447, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 32881, Aug. 23, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 34310, Mar. 19, 2024>
This Decree shall enter into force on the date of its promulgation.