You are here:
AsianLII >>
Databases >>
Laws of the Republic of Korea >>
GOVERNMENT ORGANIZATION ACT
[Database Search]
[Name Search]
[Noteup]
[Help]
GOVERNMENT ORGANIZATION ACT
GOVERNMENT ORGANIZATION ACT
INTRODUCTION
Details of Enactment and Amendment
- Enactment: This Act was enacted and put into enforcement on July 17, 1948 as Act No. 1, in order to establish the basic principles
for the establishment, organization, and scope of functions of the national administrative agencies for the systematic and efficient
performance of national administrative affairs.
- Amendment: This Act has come to its present form after going through the amendments of 55 occasions since its enactment. Other principal
government organizations established under other Acts are the Fair Trade Commission, the Financial Supervisory Commission, the Civil
Service Commission, etc.
Main Contents
- Central administrative organizations shall be Ministries, Agencies and Administrations, except as otherwise prescribed in any Act.
- Heads of central administrative organizations shall be Ministers at the Ministry and Agency level and Commissioners at the Administration
level. The subsidiary organs of central administrative organizations may be established and prescribed as Vice Minister, Deputy Commissioner,
Assistant Minister, Director General of a Bureau (or Bonbu-jang, Dan-jang, Director General of a Department, Team Leader), and there
may be other organs assisting Ministers, Commissioners, Vice Ministers, Deputy Commissioners, Assistant Ministers, Director Generals
of Bureaus (or Bonbu-jangs, Dan-jangs, Director Generals of Departments, Team Leaders).
- Under the President, there are established the Office of the President, the Presidential Security, the National Intelligence Service,
and the Presidential Commission on Small and Medium Business. In addition, the Board of Audit and Inspection is established in accordance
to the Constitution and the Board of Audit and Inspection Act.
- Under the Prime Minister, there are established the Office for Government Policy Coordination, the Prime Minister s Secretariat,
the Ministry of Planning and Budget, the Ministry of Government Legislation, the Government Information Agency, the Ministry of Patriots
and Veterans Affairs.
- 17 executive Ministries are established as follows: the Ministry of Finance and Economy, the Ministry of Education and Human Resources,
the Ministry of Unification, the Ministry of Foreign Affairs and Trade, the Ministry of Justice, the Ministry of National Defense,
the Ministry of Government Administration and Home Affairs, the Ministry of Science and Technology, the Ministry of Culture and Tourism,
the Ministry of Agriculture and Forestry, the Ministry of Commerce, Industry and Energy, the Ministry of Information and Communication,
the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Labor, the Ministry of Gender Equality and Family,
the Ministry of Construction and Transportation, and the Ministry of Maritime Affairs and Fisheries.
- Under the Ministry, 16 Offices are established as follows: Offices under the Ministry of Finance and Economy are the National Tax
Service, the Customs Service, the Public Procurement Service and the National Statistical Office. An office under the Ministry of
Justice is the Public Prosecutor s Office. An office under the Ministry of National Defense is the Military Manpower Administration.
Offices under the Ministry of Government Administration and Home Affairs are the National Police Agency and the National Emergency
Management Agency. An office under the Ministry of Science and Technology is the Meteorological Administration. An office under the
Ministry of Culture and Tourism is the Cultural Properties Administration. Offices under the Ministry of Agriculture and Forestry
are the Rural Development Administration and the Forestry Administration. Offices under the Ministry of Commerce, Industry and Energy
are the Small and Medium Business Administration and the Intellectual Property Office. An office under the Ministry of Health and
Welfare is the Korea Food and Drug Administration. An office under the Ministry of Construction and Transportation is the National
Railroad Administration. And an office under the Ministry of Maritime Affairs and Fisheries is the Korea Coast Guard.
GOVERNMENT ORGANIZATION ACT
Amended by Act No. 7613, Jul. 22, 2005
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to establish the basic principles for the establishment, organization, and scope of functions of national
administrative agencies for the systematic and efficient performance of national administrative affairs.
Article 2 (Establishment and Organization of Central Administrative Agencies)
(1) The establishment and scope of functions of central administrative agencies shall be determined by law.
(2) Except as otherwise provided in this Act or other Acts, the central administrative agencies shall be Bus (Ministries), Cheos (Ministries
at the Agencies-Ministerial level) and Cheongs (Administrations at the Vice Ministerial level). <Amended by Act No. 5982, May
24, 1999>
(3)Except as otherwise provided in this Act and other Acts, the subsidiary agency of the central administrative agency shall be Cha-gwan
(Vice Minister), Cha-jang (Deputy Administrator), Sil-jang (Deputy Minister), or Guk-jang (Director General of a bureau), and if
necessary, further subsidiary organs as prescribed by the Presidential Decree may be placed under him: Provided, That the title of
Sil-jang (Deputy Minister) and Guk-jang (Director General of a bureau) may be otherwise provided as the Bonbu-jang (Chief Commissioner),
Dan-jang (Group Chief), Bu-jang (Department Head) or Team-jang (Team Head), etc. under the conditions as prescribed by the Presidential
Decree. In this case, the subsidiary organs whose title has been as provided otherwise shall be deemed to be Sil-jang (Deputy Minister)
and Guk-jang (Director General of a bureau) in applying this Act. <Amended by Act No. 7413, Mar. 24, 2005>
(4)Except as provided by law, the establishment of subsidiary organs and the division of their affairs referred to in paragraph (3)
shall be determined by the Presidential Decree: Provided, That the establishment and division of affairs of subsidiary organs prescribed
by the Presidential Decree in accordance with the provisions of paragraph (3) may be determined by the Ordinance of the Prime Minister
or Ministerial Ordinances. <Amended by Act No. 7256, Dec. 30, 2004>
(5)In each Administrative Ministry, there may be appointed a Chagwan-bo (Assistant Minister) to directly assist the Minister and Vice
Minister on matters that the Minister specially instructs; and in each of the central administrative agencies, under the Minister,
Vice Minister, Deputy Administrator, Deputy Minister, and Director General of a bureau there may be appointed, under the conditions
as prescribed by the Presidential Decree, an assisting agency to assist the said seniors in planning policies, devising plans, and
conducting researches, surveys, examinations, evaluations and public information, etc.: Provided, That an assisting agency equivalent
to a subsidiary organ prescribed by the Presidential Decree in accordance with the provisions of paragraph (3) may be appointed as
determined by the Ordinance of the Prime Minister or the Ministerial Ordinances. <Amended by Act No. 5982, May 24, 1999; Act No.
7217, Sep. 23, 2004; Act No. 7256, Dec. 30, 2004; Act No. 7413, Mar. 24, 2005>
(6)Except as otherwise provided in this Act and other Acts, Deputy Ministers shall be appointed from among state public officials
in general service of Grade ; Director Generals of bureaus from among state public officials in general service of Grade or ;
Assistant Ministers from among state public officials in extraordinary civil service of Grade , and an assisting agency from among
state public officials in general service of Grades through or state public officials in extraordinary civil service of Grades
through : Provided, That Deputy Ministers and Director Generals of bureaus may be appointed from among state public officials
in extraordinary civil service equivalent to the classes of state public officials in general service, where it is deemed necessary
in consideration of the nature of their duties. In this case, the number of state public officials in extraordinary civil service
who are appointed as Director Generals of bureaus in a central administrative agency shall not exceed one. <Amended by Act No.
5982, May 24, 1999; Act No. 7256, Dec. 30, 2004; Act No. 7413, Mar. 24, 2005>
(7)Notwithstanding the provisions of paragraph (6), a diplomatic public official may be appointed as a subsidiary organ, Assistant
Minister or assisting agency of the Ministry of Foreign Affairs and Trade; a public prosecutor as a subsidiary organ or assisting
agency of the Ministry of Justice; a soldier on service as a subsidiary organ, Assistant Minister or assisting agency of the Ministry
of National Defence, or as a subsidiary organ or assisting agency of the Military Manpower Administration or the National Defense
Procurement Agency; a public educational official as a subsidiary organ, Assistant Minister or assisting agency of the Ministry of
Education and Human Resources Development; a police officer as a subsidiary organ or assisting agency of the Korean National Police
Agency or the Korea Coast Guard, and a fire officer as a subsidiary organ or assisting agency of the National Emergency Management
Agency under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 7256, Dec. 30, 2004; Act No. 7413, Mar.
24, 2005; Act No. 7613, Jul. 22, 2005>
(8) If it is deemed that the expertism is especially necessary to perform the competent duties, public officials in contractual service
may also be appointed to any positions as prescribed by the Presidential Decree within the scope of 20/100 of the public officials
by central administrative agency, notwithstanding the provisions of paragraphs (6) and (7). <Newly Inserted by Act No. 5982, May
24, 1999>
(9)Deleted. <by Act No. 7413, Mar. 24, 2005>
Article 3 (Establishment of Special Local Administrative Agencies)
(1) Except as otherwise prescribed by law, each central administrative agency may, if necessary for the performance of its affairs,
have local administrative agencies under its jurisdiction under the conditions as determined by the Presidential Decree.
(2) A local administrative agency under paragraph (1) may combinedly carry out the competent affairs of other related central administrative
agencies under the conditions as prescribed by the Presidential Decree, in case where deemed efficient if carried out combinedly,
in view of the relevancy of affairs and regional particularities.
Article 4 (Establishment of Affiliated Institutions)
An administrative agency may, under the conditions as prescribed by the Presidential Decree, establish the institution of experiment
and research, of education and training, of culture, of medical care, of manufacture, and of advice, in case where deemed necessary
within the scope of its competent affairs.
Article 5 (Establishment of Representative Administrative Organizations)
An administrative agency may establish representative administrative organizations, such as an administrative committee, if necessary
for the independent fulfillment of part of its competent duties under the conditions as determined by law.
Article 6 (Delegation or Entrustment of Authority)
(1) An administrative agency may delegate part of its competent affairs to its subsidiary organs or subordinate administrative agencies,
or entrust or delegate it to other administrative agencies and local governments or their subordinate agencies under the conditions
as determined by Acts and subordinate statutes. In this case, the delegated or entrusted organs may inter alia re-delegate or re-entrust
part of their authorities and responsibilities which are delegated or entrusted to their subsidiary organs or subordinate administrative
agencies where necessary under the conditions as determined by Acts and subordinate statutes.
(2) Subsidiary organs shall, with respect to the affairs delegated under paragraph (1), carry out the relevant affairs in the capacity
of the administrative agencies within the relevant scope.
(3) An administrative agency may entrust matters involving surveys, inspections, verifications, and management, etc., that are not
directly related to the rights and duties of citizens, to a juristic person, an organization which is not a local government, or
its agencies or related individuals as determined by Acts and subordinate statutes.
Article 7 (Authority and Responsibility of Head of Administrative Agency)
(1) The head of each administrative agency shall take overall charge of the affairs under his jurisdiction, and shall direct and supervise
his subordinate public officials.
(2)A vice minister (a chief commissioner in charge of science and technology innovation of the Ministry of Science and Technology,
or in charge of trade negotiation of the Ministry of Foreign Affairs and Trade), or a deputy administrator (including the deputy
administrator of the Office for Government Policy Coordination) shall assist the head of his agency to administer the affairs under
his jurisdiction and to direct and supervise his subordinate officials, and shall act for the head of the agency in case the said
head is unable to perform his duties due to an accident: Provided, That when the head of an agency having two vice ministers or deputy
administrators meets an accident, his duties shall be performed vicariously according to the order prescribed by the Presidential
Decree. <Amended by Act No. 7217, Sep. 23, 2004; Act No. 7413, Mar. 24, 2005; Act No. 7613, Jul. 22, 2005>
(3)Subsidiary organs of each administrative agency shall assist the head, vice minister, or deputy administrator thereof to administer
the affairs under his jurisdiction and to direct and supervise his subordinate officials.
(4)In the case of paragraphs (1) and (2), with respect to the administration belonging to him, he may directly command the head of
relevant administration, in devising important policies. <Amended by Act No. 5982, May 24, 1999>
(5)The head of a ministry or agency may request that the Prime Minister coordinate affairs of other administrative agencies related
to affairs under his duties in case where deemed necessary to efficiently promote his affairs.
Article 8 (Prescribed Number of Public Officials)
(1)The kinds and prescribed number of public officials to be posted at each administrative agency, standards and procedures pertaining
to the posting of public officials, and other necessary matters shall be determined by the Presidential Decree: Provided, That the
case of posting public officials in political service at each administrative agency (excluding public officials in political service
posted at the Presidential Secretariat) shall be prescribed by Acts. <Amended by Act No. 7186, Mar. 11, 2004>
(2) In the case of paragraph (1), where deemed efficient in view of the nature of duties if the prescribed number of two or more administrative
agencies is combinedly managed, such prescribed number may be determined by combining it.
Article 9 (Concurrent Budgetary Measures)
When an administrative agency or its subordinate organization is established or the prescribed number of public officials is increased,
budgetary measures shall be concurrently taken.
Article 10 (Government Delegates)
The Minister and Deputy Minister of the Office for Government Policy Coordination, Ministers, Vice Ministers, Administrators, Deputy
Administrators, Deputy Ministers, Director Generals of bureaus, and Assistant Ministers of the ministries, agencies and administrations,
and Chief Commissioners of the Ministry of Science and Technology and the Ministry of Foreign Affairs and Trade, shall be government
delegates. <Amended by Act No. 5982, May 24, 1999; Act No. 6400, Jan. 29, 2001; Act No. 7217, Sep. 23, 2004; Act No. 7413, Mar.
24, 2005>
CHAPTER II PRESIDENT
Article 11 (President s Supervisory Powers on Administration)
(1)The President as the head of the Government shall direct and supervise the heads of all central administrative agencies under Acts
and subordinate statutes.
(2)The President may suspend or cancel any order or disposition by the Prime Minister or the heads of central administrative agencies
when deemed unlawful or unjust.
Article 12 (State Council)
(1)The President as the Chairman of the State Council shall convene and preside over the meetings of the State Council.
(2)Where the Chairman is unable to perform his official duties due to an accident, the Prime Minister as the Vice-Chairman shall act
as Chairman, and in the event of an accident involving both the Chairman and the Vice-Chairman, the members of the State Council
shall act as Chairman in the order of the Deputy Prime Minister held additionally by the Minister of Finance and Economy, the Deputy
Prime Minister held additionally by the Minister of Education and Human Resources Development, the Deputy Prime Minister held additionally
by the Minister of Science and Technology, and the order referred to in Article 26 (1). <Amended by Act No. 6400, Jan. 29, 2001;
Act No. 7217, Sep. 23, 2004>
(3) Members of the State Council shall be appointed in political civil service, and may submit bills to the Chairman and request that
a meeting of the State Council be held. <Amended by Act No. 6622, Jan. 19, 2002>
(4) Matters necessary for the operation of the State Council shall be determined by the Presidential Decree.
Article 13 (Right to Attend State Council Meetings and Present Bills)
(1)The Minister of the Office for Government Policy Coordination, the Minister of Government Legislation, the Minister of the Government
Information Agency, the Minister of the Patriots and Veterans Affairs, other public officials as determined by law, and the Chairman
of the Presidential Commission on Small and Medium Enterprises referred to in Article 18, may attend the State Council and take the
floor as necessary. <Amended by Act No. 5982, May 24, 1999; Act No. 6400, Jan. 29, 2001>
(2)Those public officials referred to in paragraph (1) may, with respect to their official duties, recommend that the Prime Minister
present their proposed bills to the State Council.
Article 14 (Presidential Secretariat)
(1)A Presidential Secretariat shall be established to assist the President in performing his official duties.
(2)A Chief Secretary shall be assigned to the Presidential Secretariat, and he shall be appointed in political service.
Article 15 (Presidential Security Service)
(1)A Presidential Security Service shall be established to escort the President.
(2) The organization and scope of functions of and other necessary matters for the Presidential Security Service shall be separately
determined by law.
Article 16 (National Intelligence Service)
(1) A National Intelligence Service shall be established under the President to handle the duties pertaining to information, protection
of public peace and criminal investigation related to national security. <Amended by Act No. 5680, Jan. 21, 1999>
(2) The organization and scope of functions of the National Intelligence Service and other necessary matters shall be determined by
law. <Amended by Act No. 5680, Jan. 21, 1999>
Article 17 Deleted.
<by Act No. 5982, May 24, 1999>
Article 18 (Presidential Commission on Small and Medium Enterprises)
(1) A Presidential Commission on Small and Medium Enterprises shall be established under the President in order to foster small and
medium enterprises.
(2) The necessary matters on the organization and operation of the Presidential Commission on Small and Medium Enterprises shall be
determined by the Presidential Decree.
CHAPTER III PRIME MINISTER
Article 19 (Prime Minister s Supervisory Powers on Administration)
(1)The Prime Minister shall direct and supervise the heads of central administrative agencies under orders of the President.
(2)The Prime Minister may suspend or cancel any order or disposition by the heads of central administrative agencies upon approval
by the President when deemed unlawful or unjust.
Article 19-2 (Deputy Prime Minister)
(1)Three Deputy Prime Ministers shall be established in order to have them deal with the affairs specially delegated by the Prime
Minister. <Amended by Act No. 7217, Sep. 23, 2004>
(2)The Deputy Prime Ministers shall be appointed with the Members of the State Council.
(3)The Deputy Prime Ministers shall be held additionally by the Minister of Finance and Economy, the Minister of Education and Human
Resources Development and the Minister of Science and Technology, respectively. <Amended by Act No. 7217, Sep. 23, 2004>
(4)The Minister of Finance and Economy shall perform overall control and coordination among the related Ministries on the economic
policies under the order of the Prime Minister.
(5)The Minister of Education and Human Resources Development shall perform overall control and coordination among the related Ministries
on the policies for human resources development under the order of the Prime Minister.
(6)The Minister of Science and Technology shall perform overall control and coordination among the related Ministries on the policies
for science and technology innovation under the order of the Prime Minister. <Newly Inserted by Act No. 7217, Sep. 23, 2004>
[This Article Newly Inserted by Act No. 6400, Jan. 29, 2001]
Article 20 (Office for Government Policy Coordination)
(1) An Office for Government Policy Coordination shall be established under the Prime Minister to assist him with respect to the administrative
direction and supervision, policy coordination, and the review, evaluation, and regulation reform of each central administrative
agency.
(2) A Minister shall be assigned to the Office for Government Policy Coordination and he shall be appointed in political service.
(3)Two Deputy Administrators shall be assigned to the Office for Government Policy Coordination and they shall be appointed in political
service. <Newly Inserted by Act No. 7217, Sep. 23, 2004; Act No. 7413, Mar. 24, 2005>
Article 21 (Prime Minister s Secretariat)
(1)A Prime Minister s Secretariat shall be established to assist the Prime Minister in performing his official duties.
(2)A Director shall be assigned to the Prime Minister s Secretariat, and he shall be appointed in political service.
Article 22 (Execution of Prime Minister s Official Duties on His Behalf)
If the Prime Minister is unable to perform his official duties due to an accident, the Deputy Prime Minister held additionally by
the Minister of Finance and Economy, the Deputy Prime Minister held additionally by the Minister of Education and Human Resources
Development, and the Deputy Prime Minister held additionally by the Minister of Science and Technology in that order, shall perform
the official duties of the Prime Minister, and if all of the Prime Minister and the Deputy Prime Ministers are unable to perform
their duties due to an accident, the member of the State Council designated by the President, if designated, or any
member in the order referred to in Article 26 (1), if not designated, shall perform their official duties.<Amended by Act No. 6400,
Jan. 29, 2001; Act No. 7217, Sep. 23, 2004>
Article 23 (Ministry of Planning and Budget)
(1) The Ministry of Planning and Budget shall be established under the Prime Minister to take charge of the duties on budget policies,
the management of compilation of budget and execution thereof and financial reform. <Amended by Act No. 7186, Mar. 11, 2004>
(2) A Minister and a Vice Minister shall be assigned to the Ministry of Planning and Budget, and the Minister shall be appointed from
the members of the State Council and the Vice Minister shall be appointed in political service.
[This Article Newly Inserted by Act No. 5982, May 24, 1999]
Article 24 (Ministry of Government Legislation)
(1)The Ministry of Government Legislation shall be established under the Prime Minister to professionally take charge of the review
of draft Acts and subordinate statutes, draft treaties, draft Ordinances of the Prime Minister, Ministerial Ordinances to be laid
before the State Council, and other affairs on legislation.
(2)A Minister and a Vice Minister shall be each assigned to the Ministry of Government Legislation and public officials in political
service shall be appointed as the Minister and the Vice Minister, respectively. <Amended by Act No. 7186, Mar. 11, 2004>
Article 24-2 (Government Information Agency)
(1) A Government Information Agency shall be established under the Prime Minister to take charge of the duties on the domestic and
foreign public information of State affairs, the coordination of functions of public information thereof within the Government, the
convergence of public opinions thereon, and the publication of the Government thereon.
(2) A Minister and a Vice Minister shall be assigned to the Government Information Agency, and the Minister shall be appointed in
political service and the Vice Minister shall be appointed as a state public official
in extraordinary civil service.
[This Article Newly Inserted by Act No. 5982, May 24, 1999]
Article 25 (Ministry of Patriots and Veterans Affairs)
(1) The Ministry of Patriots and Veterans Affairs shall be established under the Prime Minister to take charge of the affairs on merit
reward for persons of distinguished service to the State and their bereaved family members, and compensation, protection and welfare
promotion of veterans. <Amended by Act No. 7186, Mar. 11, 2004>
(2) A Minister and a Vice Minister shall be assigned to the Ministry of Patriots and Veterans Affairs and public officials in political
service shall be appointed as the Minister and the Vice Minister, respectively. <Amended by Act No. 7186, Mar. 11, 2004>
CHAPTER IV EXECUTIVE MINISTRIES
Article 26 (Executive Ministries)
(1) The President shall exercise general control over the following executive Ministries: <Amended by Act No. 6400, Jan. 29, 2001;
Act No. 7217, Sep. 23, 2004; Act No. 7413, Mar. 24, 2005>
Ministry of Finance and Economy;
Ministry of Education and Human Resources Development;
Ministry of Science and Technology;
Ministry of Unification;
Ministry of Foreign Affairs and Trade;
Ministry of Justice;
Ministry of National Defense;
Ministry of Government Administration and Home Affairs;
Ministry of Culture and Tourism;
Ministry of Agriculture and Forestry;
Ministry of Commerce, Industry and Energy;
Ministry of Information and Communication;
Ministry of Health and Welfare;
Ministry of Environment;
Ministry of Labor;
Ministry of Gender Equality and Family;
Ministry of Construction and Transportation; and
Ministry of Maritime Affairs and Fisheries.
(2) There shall be one minister and one vice minister in each ministry. The ministers shall be appointed from the members of the State
Council, and the vice ministers shall be appointed in political service: Provided, That there shall be two vice ministers, respectively,
in the Ministry of Finance and Economy, the Ministry of Foreign Affairs and Trade, the Ministry of Government Administration and
Home Affairs and the Ministry of Commerce, Industry and Energy. <Amended by Act No. 7613, Jul. 22, 2005>
(3) Each minister shall direct and supervise the heads of local administrative agencies with respect to the affairs under his jurisdiction.
Article 27 (Ministry of Finance and Economy)
(1) The Minister of Finance and Economy shall administer the affairs on the establishment, overall control and coordination of economic
policies, money, finance, National Treasury, governmental accounting, internal tax system, customs, foreign exchange, economic cooperation,
and state property. <Amended by Act No. 5982, May 24, 1999; Act No. 6400, Jan. 29, 2001; Act No. 7256, Dec. 30, 2004>
(2) An Assistant Minister may be assigned to the Ministry of Finance and Economy. <Amended by Act No. 7413, Mar. 24, 2005>
(3) One state public official in general service of Grade may be assigned to the Ministry of Finance and Economy to assist the Minister
in conducting the affairs of international finance and economic cooperation. <Newly Inserted by Act No. 6400, Jan. 29, 2001>
(4) Deleted. <by Act No. 5982, May 24, 1999>
(5)The National Tax Service shall be established under the Minister of Finance and Economy to take charge of the affairs on the imposition,
reduction or exemption, and collection of internal taxes.
(6)A Commissioner and a Deputy Commissioner shall be assigned to the National Tax Service. The Commissioner shall be appointed in
political service and the Deputy Commissioner shall be appointed from the state public officials in extraordinary civil service.
(7)The Korea Customs Service shall be established under the Minister of Finance and Economy to take charge of the affairs on the imposition,
reduction or exemption, and collection of customs, customs clearance of imports and exports, and control of goods smuggling.
(8) A Commissioner and a Deputy Commissioner shall be assigned to the Korea Customs Service. The Commissioner shall be appointed in
political service, and the Deputy Commissioner shall be appointed from state public officials in extraordinary civil service.
(9)The Public Procurement Service shall be established under the Minister of Finance and Economy to take charge of the affairs on
the purchase, supply, and management of goods (excluding military supplies) ordered by the Government, and affairs related to important
facility construction contracts made by the Government.
(10)An Administrator and a Deputy Administrator shall be assigned to the Public Procurement Service. The Administrator shall be appointed
in political service, and the Deputy Administrator shall be appointed from state public officials in extraordinary civil service.
(11)The Korea National Statistical Office shall be established under the Minister of Finance and Economy to take charge of the affairs
on establishing statistical standards, taking censuses, and various statistics.
(12)A Commissioner and a Deputy Commissioner shall be assigned to the Korea National Statistical Office. The Commissioner shall be
appointed in political service, and the Deputy Commissioner shall be appointed from state public officials in extraordinary civil
service. <Amended by Act No. 7613, Jul. 22, 2005>
Article 28 (Ministry of Education and Human Resources Development)
(1)The Minister of Education and Human Resources Development shall administer the affairs on the establishment, overall control, and
coordination of human resources development policies, and on school education, lifelong education, and sciences. <Amended by Act
No. 7256, Dec. 30, 2004>
(2)An Assistant Minister may be assigned to the Ministry of Education and Human Resources Development.
<Amended by Act No. 7413, Mar. 24, 2005>
[This Article Newly Inserted by Act No. 6400, Jan. 29, 2001]
Article 29 (Ministry of Science and Technology)
(1)The Minister of Science and Technology shall administer the affairs on the establishment, overall control, coordination, evaluation
of the
policies on science and technology innovation, the atomic energy, the science and technology cooperation, and other affairs of the
promotion of science and technology. <Amended by Act No. 7256, Dec. 30, 2004>
(2)One Chief Commissioner in charge of the affairs of science and technology innovation shall be assigned to the Ministry of Science
and Technology, and he shall be appointed in political service.
(3)The Korea Meteorological Administration shall be established under the Minister of Science and Technology to take charge of the
affairs of atmospheric phenomena.
(4)An Administrator and a Deputy Administrator shall be assigned to the Korea Meteorological Administration, and the Administrator
shall be appointed in political service, and the Deputy Administrator shall be appointed from state public officials in extraordinary
civil service. <Amended by Act No. 7613, Jul. 22, 2005>
[This Article Newly Inserted by Act No. 7217, Sep. 23, 2004]
Article 30 (Ministry of Unification)
The Minister of Unification shall administer policy-making on unification and inter-Korea dialogue, exchange and cooperation, education
on unification, and other affairs on unification.
<Amended by Act No. 7256, Dec. 30, 2004>
Article 31 (Ministry of Foreign Affairs and Trade)
(1)The Minister of Foreign Affairs and Trade shall administer diplomacy, trade negotiations with foreign countries, and general management
and coordination of trade negotiations, treaties and other international agreements, protection of and support for Korean nationals
abroad, and research on international situations and immigration. <Amended by Act No. 7256, Dec. 30, 2004>
(2)A Chief Commissioner in charge of trade negotiations shall be assigned to the Ministry of Foreign Affairs and Trade. He shall be
appointed in political service.
(3)An Assistant Minister may be assigned to the Ministry of Foreign Affairs and Trade. <Amended by Act No. 7413, Mar. 24, 2005>
(4)A Chief of Protocol shall be assigned to the Ministry of Foreign Affairs and Trade, and he shall be appointed from diplomatic public
officials.
Article 32 (Ministry of Justice)
(1)The Minister of Justice shall administer prosecutions, penal administration, protection of human rights, immigration control, and
other legal affairs. <Amended by Act No. 7256, Dec. 30, 2004>
(2)The Public Prosecution s Office shall be established under the Minister of Justice for the purpose of administering the affairs
of public prosecutors.
(3)The organization, the scope of functions, and other necessary matters for the Public Prosecution s Office shall be separately determined
by law.
Article 33 (Ministry of National Defense)
(1)The Minister of National Defense shall administer military administration, military command, and other military affairs relating
to national defense. <Amended by Act No. 7256, Dec. 30, 2004>
(2)An Assistant Minister may be assigned to the Ministry of National Defense. <Amended by Act No. 7413, Mar. 24, 2005>
(3)The Military Manpower Administration shall be established under the Minister of National Defense for the purpose of administering
enlistment, mobilization, and other affairs of the military service administration.
(4)An Administrator and a Deputy Administrator shall be assigned to the Military Manpower Administration. The Administrator shall
be appointed in political service, and the Deputy Administrator shall be appointed from state public officials in extraordinary civil
service.
(5) The National Defense Procurement Agency shall be established under the Minister of National Defense for the purpose of administering
the improvement projects of defense capability, the procurement of military supplies, and the fosterage of defense industries. <Newly
Inserted by Act No. 7613, Jul. 22, 2005>
(6) One Administrator and one Deputy Administrator shall be assigned to the National Defense Procurement Agency. The Commissioner
shall be appointed in political service, and the Deputy Commissioner shall be appointed from state public officials in extraordinary
civil service. <Newly Inserted by Act No. 7613, Jul. 22, 2005>
Article 34 (Ministry of Government Administration and Home Affairs)
(1)The Minister of Government Administration and Home Affairs shall administer the affairs such as the general affairs for the State
Council, promulgation of Acts and subordinate statutes and treaties, services and pension management and decorations of public officials,
and management of government organization and its prescribed number, government innovation, administrative efficiency, e-government,
the maintenance of government buildings, local government system, business support for, and finances and taxation of local governments,
dispute conciliation between local governments, elections, referendum, civil defense and the disaster control system. <Amended
by Act No. 7186, Mar. 11, 2004; Act No. 7256, Dec. 30, 2004>
(2)The state administrative affairs which do not fall under the jurisdiction of other central administrative agencies shall be conducted
by the Minister of Government Administration and Home Affairs.
(3)An Assistant Minister may be assigned to the Ministry of Government Administration and Home Affairs. <Amended by Act No. 7413,
Mar. 24, 2005>
(4)The National Police Agency shall be established under the Minister of Government Administration and Home Affairs to take charge
of the affairs on public peace and order.
(5)The organization and scope of functions of the National Police Agency and other necessary matters shall be separately determined
by law.
(6)The National Emergency Management Agency shall be established under the Minister of Government Administration and Home Affairs
to take charge of administrative affairs involving fire fighting, disaster prevention, the operation of civil defense and safety
management. <Newly Inserted by Act No. 7186, Mar. 11, 2004>
(7) A Director and a Deputy Director shall be assigned to the National Emergency Management Agency. The Director shall be appointed
from
public officials in political service or fire-fighting officers and the Deputy Director shall be appointed from fire-fighting officers
or public officials in extraordinary civil service. In this case, either the Director or the Deputy Director shall be appointed from
fire-fighting officers. <Newly Inserted by Act No. 7186, Mar. 11, 2004>
Article 35 (Ministry of Culture and Tourism)
(1) The Minister of Culture and Tourism shall administer the affairs on culture, arts, media, advertisement, publishing, publications,
sports and tourism. <Amended by Act No. 5982, May 24, 1999; Act No. 6139, Jan. 12, 2000; Act No. 7256, Dec. 30, 2004; Act No.
7413, Mar. 24, 2005>
(2) An Assistant Minister may be assigned to the Ministry of Culture and Tourism. <Amended by Act No. 7413, Mar. 24, 2005>
(3)The Cultural Heritage Administration shall be established under the Minister of Culture and Tourism to take charge of the affairs
on cultural properties. <Amended by Act No. 5982, May 24, 1999>
(4) An Administrator and a Deputy Administrator shall be assigned to the Cultural Heritage Administration. The Administrator shall
be appointed in political service and the Deputy Administrator shall be appointed from public officials in extraordinary civil service.
<Amended by Act No. 7186, Mar. 11, 2004>
Article 36 (Ministry of Agriculture and Forestry)
(1) The Minister of Agriculture and Forestry shall administer the affairs relating to agriculture, foods, farmland, irrigation, livestock,
and the distribution of agricultural products. <Amended by Act No. 5982, May 24, 1999; Act No. 7256, Dec. 30, 2004>
(2) An Assistant Minister may be assigned to the Ministry of Agriculture and Forestry. <Amended by Act No. 7413, Mar. 24, 2005>
(3) The Rural Development Administration shall be established under the Minister of Agriculture and Forestry for the purpose of administering
affairs concerning rural development.
(4) An Administrator and a Deputy Administrator shall be assigned to the Rural Development Administration. The Administrator shall
be appointed in political service, and the Deputy Administrator shall be appointed from state public officials in extraordinary civil
service.
(5) The Korea Forest Service shall be established under the jurisdiction of the Minister of Agriculture and Forestry for the purpose
of administering affairs relating to forestry.
(6) An Administrator and a Deputy Administrator shall be assigned to the Korea Forest Service. The Administrator shall be appointed
in political service, and the Deputy Administrator shall be appointed from state public officials in extraordinary civil service.
Article 37 (Ministry of Commerce, Industry and Energy)
(1) The Minister of Commerce, Industry and Energy shall administer the affairs on commerce, trade, trade promotion, industry, energy,
and underground resources. <Amended by Act No. 7256, Dec. 30, 2004>
(2)An Assistant Minister may be assigned to the Ministry of Commerce, Industry and Energy. <Amended by Act No. 7413, Mar. 24, 2005>
(3) The Small and Medium Business Administration shall be established under the Minister of Commerce, Industry and Energy to take
charge of the affairs on small and medium businesses.
(4) An Administrator and a Deputy Administrator shall be assigned to the Small and Medium Business Administration. The Administrator
shall be appointed in political service and the Deputy Administrator shall be appointed from state public officials in extraordinary
civil service.
(5) The Korean Intellectual Property Office shall be established under the Minister of Commerce, Industry and Energy to take charge
of the affairs on patents, utility models, designs, trademarks, and the affairs related to their examination and trial. <Amended
by Act No. 7289, Dec. 31, 2004>
(6) An Administrator and a Deputy Administrator shall be assigned to the Korean Intellectual Property Office. The Administrator shall
be appointed in political service and the Deputy Administrator shall be appointed from state public officials in extraordinary civil
service.
Article 38 (Ministry of Information and Communication)
The Minister of Information and Communication shall administer the affairs concerning information and communication, radio wave control,
postal service and postal money order, and postal transfer. <Amended by Act No. 7256, Dec. 30, 2004>
Article 39 (Ministry of Health and Welfare)
(1)The Minister of Health and Welfare shall administer the affairs on health and sanitation, prevention of epidemics, administration
of medical and pharmaceutical matters, livelihood assistance, self-support assistance, women s welfare, children (excluding the care
of infants), the aged, the disabled and social security. <Amended by Act No. 7186, Mar. 11, 2004; Act No. 7256, Dec. 30, 2004>
(2) The Korea Food and Drug Administration shall be established under the Minister of Health and Welfare to take charge of the affairs
on the safety of foods and drug. <Amended by Act No. 5982, May 24, 1999>
(3) An Administrator and a Deputy Administrator shall be assigned to the Korea Food and Drug Administration. The Administrator shall
be appointed in political service and the Deputy Administrator shall be appointed from state public officials in extraordinary civil
service.
Article 40 (Ministry of Environment)
The Minister of Environment shall administer the affairs concerning the preservation of the natural and living environment and the
prevention of environmental pollution. <Amended by Act No. 7256, Dec. 30, 2004>
Article 41 (Ministry of Labor)
The Minister of Labor shall administer the affairs relating to standards of working conditions, employment stabilization, vocational
training, countermeasures against unemployment, employment insurance, industrial accident compensation insurance, laborers welfare,
mediation of labor-management relations, and other labor affairs. <Amended by Act No. 7256, Dec. 30, 2004>
Article 42 (Ministry of Gender Equality and Family)
The Minister of Gender Equality and Family shall administer the affairs relating to the planning and integration of policies for female,
the elevation of female status such as the advancement of female rights and benefits, the formulation, adjustment and support of
policies for family and the care of infants.
[This Article Wholly Amended by Act No. 7413, Mar. 24, 2005]
Article 43 (Ministry of Construction and Transportation)
(1)The Minister of Construction and Transportation shall administer the affairs relating to the establishment and adjustment of comprehensive
plan for national territory, the conservation, utilization, and development of national territory and water resources, the construction
of cities, roads and housing, coasts, rivers, and reclamation, land transportation, railroad, and air services. <Amended by Act
No. 7256, Dec. 30, 2004>
(2)An Assistant Minister may be assigned to the Ministry of Construction and Transportation. <Amended by Act No. 7413, Mar. 24,
2005>
(3) and (4) Deleted. <by Act No. 7256, Dec. 30, 2004>
Article 44 (Ministry of Maritime Affairs and Fisheries)
(1) The Minister of Maritime Affairs and Fisheries shall administer the affairs on fisheries, marine shipping, harbours, conservation
of marine environment, marine surveys, development of marine resources, research and development of marine science and technology,
and marine safety inquiry. <Amended by Act No. 5809, Feb. 5, 1999; Act No. 7256, Dec. 30, 2004>
(2)An Assistant Minister may be assigned to the Ministry of Maritime Affairs and Fisheries. <Amended by Act No. 7413, Mar. 24,
2005>
(3) The Korea Coast Guard shall be established under the Minister of Maritime Affairs and Fisheries to take charge of policing at
sea and the control of marine pollution.
(4) A Commissioner and a Deputy Commissioner shall be assigned to the Korea Coast Guard, and they shall be appointed from police officers.
<Amended by Act No. 5982, May 24, 1999>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 5 (18) of the Addenda shall enter into force
on June 14, 1998 and paragraphs (29) through (31) of the same Article shall enter into force on July 1, 1998, respectively.
Article 2 (Term of Validity)
Article 7 (1) of the Addenda shall remain in force until Acts provided for in the said paragraph of the said Article of the Addenda
are amended.
Article 3 (Transitional Measures on Matters under Jurisdiction and Public Officials, etc. pursuant to Closure and New Establishment
of Organization)
(1) The functions of central administrative agencies recorded in the left column of the following list at the time of entry into force
of this Act shall be succeeded to by the heads of central administrative agencies recorded in the right column of the same list.
Functions falling under Article 27 (1) from among those under the jurisdiction of the Minister of Finance and Economy
Minister of Finance and Economy
Functions falling under Article 17 (1) from among those under the jurisdiction of the Minister of Finance and Economy
Planning and Budget Commission
Functions falling under Article 27 (3) from among those under the jurisdiction of the Minister of Finance and Economy
Administrator of the Office of National Budget
Functions under the jurisdiction of the Minister for National Unification
Minister of National Unification
Functions under the jurisdiction of the Minister of Government Administration
Minister of Government Administration and Home Affairs
Functions under the jurisdiction of the Minister of Science and Technology
Minister of Science and Technology
Functions on broadcast administration, publishing, publications, and public information abroad from among those under the jurisdiction
of the Minister of Information
Minister of Culture and Tourism
Functions under the jurisdiction of the Minister of Foreign Affairs
Minister of Foreign Affairs and Trade
Functions under the jurisdiction of the Minister of Home Affairs
Minister of Government Administration and Home Affairs
Functions under the jurisdiction of the Minister of Culture and Sports
Minister of Culture and Tourism
Functions falling under Article 37 (1) from among those under the jurisdiction of the Minister of Trade, Industry and Energy
Minister of Commerce, Industry and Energy
Functions on trade negotiations referred to Article 29 (1) from among those under the jurisdiction of the Minister of Trade, Commerce
and Energy
Minister of Foreign Affairs and Trade
Functions falling under Article 39 (2) from among those under the jurisdiction of the Minister of Health and Welfare
Administrator of the Korea Food and Drug Administration
(2) The public officials under the jurisdiction of central administrative agencies (excluding those in political civil service) recorded
in the left column of the following list at the time of entry into force of this Act shall be deemed public officials under the jurisdiction
of administrative agencies recorded in the right column of the same list, and the public officials under the jurisdiction of administrative
agencies to be abolished under this Act, who have not been recorded on the left column in the following list (excluding those in
political civil service), shall be deemed public officials under the jurisdiction of administrative agencies as determined by the
Presidential Decree. Ministry of Finance and EconomyMinistry of Finance and Economy, Ministry of Foreign Affairs and Trade, Planning
and Budget Commission, or Office of National Budget on conditions as the Presidential Decree may determineMinistry for National UnificationMinistry
of National UnificationMinistry of Government AdministrationMinistry of Government Administration and Home Affairs or Office for
Government Coordination, on conditions as the Presidential Decree may determineMinistry of Science and TechnologyMinistry of Science
and TechnologyMinistry of InformationMinistry of Culture and Tourism or Office of Public Information, on conditions as the Presidential
Decree may determineOffice for Political AffairsMinistry of Government Administration and Home Affairs Ministry of Foreign AffairsMinistry
of Foreign Affairs and TradeMinistry of Home Affairs
Ministry of Finance and Economy
Ministry of Finance and Economy, Ministry of Foreign Affairs and Trade, Planning and Budget Commission, or Office of National Budget
on conditions as the Presidential Decree may determine
Ministry for National Unification
Ministry of National Unification
Ministry of Government Administration
Ministry of Government Administration and Home Affairs or Office for Government Coordination, on conditions as the Presidential Decree
may determine
Ministry of Science and Technology
Ministry of Science and Technology
Ministry of Information
Ministry of Culture and Tourism or Office of Public Information, on conditions as the Presidential Decree may determine
Office for Political Affairs
Ministry of Government Administration and Home Affairs
Ministry of Foreign Affairs
Ministry of Foreign Affairs and Trade
Ministry of Home Affairs
Ministry of Government Administration and Home Affairs or Ministry of Environment, on conditions as the Presidential Decree may determine
Ministry of Culture and Sports
Ministry of Culture and Tourism or Commission on Youth Protection, on conditions as the Presidential Decree may determine
Ministry of Trade, Industry and Energy
Ministry of Commerce, Industry and Energy, Ministry of Foreign Affairs and Trade, or Small and Medium Business Administration, on
conditions as the Presidential Decree may determine
Ministry of Health and Welfare
Ministry of Health and Welfare or Korea Food and Drug Administration, on conditions as the Presidential Decree may determine
(3) The Ordinances of the Prime Minister or Ministerial Ordinances related to the functions recorded in the left column of the list
described in paragraph (1) at the time of entry into force of this Act shall be deemed Ordinances of the Prime Minister or Ministerial
Ordinances by the Prime Minister or the Ministers to which agencies recorded in the right column of the same list belong.
Article 4 Deleted.
<by Act No. 6139, Jan. 12, 2000>
Article 5 Omitted.
Article 6 (Transitional Measures Pursuant to Amendment of Other Acts)
In applying the Narcotics Act, the Psychotropic Drugs Control Act and the Cannabis Control Act from the date of entry into force of
this Act until the date of entry into force of the amendments to Article 5 (29) through (31) of the Addenda, the central administrative
agencies concerned and the heads of central administrative agencies shall be deemed the central administrative agencies concerned
and the heads of central administrative agencies under the amendments to Article 5 (29) through (31): Provided, That the term Minister
of Health and Social Affairs in Articles 23 (3), 26 (3), 29 (3), 44 (3) and 57-2 (1) of the Narcotics Act shall be deemed to read
Commissioner of the Korea Food and Drug Administration , and the term Minister of Health and Social Affairs in Articles 14 (3),
23 (2), 25 (3) and 37 (1) of the Psychotropic Drugs Control Act shall be deemed to read Commissioner of the Korea Food and Drug
Administration .
Article 7 (Relation with Other Acts and Subordinate Statutes Pursuant to Closure and New Establishment of Organizations)
(1) Where the terms Ministry of Finance and Economy , Minister of Finance and Economy , Minister for Economic Planning Board or
Minister of Finance in the Budget and Accounts Act, the Corporate Budget and Accounts Act, the Act on Special Cases concerning
Budget and Accounts, the Act on the Budgeting and Management of Subsidies, the Framework Act on Fund Management, the Framework Act
on the Management of Government-Invested Institutions, the Engineering Technology Promotion Act, the Special Act for Science and
Technology Innovation, the Korea Broadcasting System Act, the National Parks Act, the Local Education Subsidy Act, the Act on Special
Cases concerning the Operation of Postal Services, and the Act on the Special Accounts for Environment Improvement are cited at the
time of entry into force of this Act, they shall be deemed to have been cited as Planning and Budget Commission or Chairman of
the Planning and Budget as determined by the Presidential Decree for the affairs listed in Article 17 (1), Office of National Budget
or Commissioner of the Office of National Budget as determined by the Presidential Decree for affairs listed in Article 27 (3),
Ministry of Finance and Economy or Minister of Finance and Economy as determined by the Presidential Decree for the affairs listed
in Article 27 (1), Planning and Budget Commission or Office of National Budget , Chairman of the Planning and Budget Commission
or Commissioner of the Office of National Budget , Planning and Budget Commission and Office of National Budget , Chairman of the
Planning and Budget Commission and the Commissioner of the Office of National Budget , Ministry of Finance and Economy and Office
of National Budget , or Minister of Finance and Economy and Commissioner of the Office of National Budget as determined by the
Presidential Decree for affairs listed in Articles 17 (1) and 27 (1) and (3).
(2) Where the concerned central administrative agencies, heads of central administrative agencies or public officials under their
jurisdiction, or Ordinances of the Prime Minister or Ministerial Ordinances of central administrative agencies are cited in other
Acts and subordinate statutes in relation to the functions recorded in the left column of the list under Article 3 (1) of the Addenda
at the time of entry into force of this Act, they shall be deemed to have been cited as central administrative agencies, heads of
central administrative agencies or public officials under their jurisdiction, Ordinances of the Prime Minister or Ministerial Ordinances
recorded in the right column of the same list.
ADDENDUM <Act No. 5680, Jan. 21, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5809, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions of Article 3 (71) of the Addenda shall
enter into force on July 1, 1999, and matters concerning the amendment of Article 90 (4) 5 as referred to in Article 3 (72) of the
Addenda shall enter into force on August 6, 1999.
Article 2 (Transitional Measures on Affairs under Jurisdiction and Public Officials, etc. Pursuant to Closure and New Establishment
of Organizations)
(1) At the time when this Act enters into force, the Minister of Planning and Budget, the Minister of the Government Information Agency,
the Commissioner of the Korea Food and Drug Administration, and the Administrator of the Cultural Properties Administration shall
succeed to the affairs under the jurisdiction of the Planning and Budget Commission and the Administrator of the Office of National
Budget, the affairs falling under the amended provisions of Article 24-2 (1) from among those under the jurisdiction of the Minister
of Culture and Tourism and the Director of the Office of Public Information, the affairs falling under the amended provisions of
Article 39 (2) from among those under the jurisdiction of the Minister of Health and Welfare, and the affairs falling under the amended
provisions of Article 35 (3) from among those under the jurisdiction of the Minister of Culture and Tourism and the Director of the
Office of Cultural Properties, respectively.
(2) At the time when this Act enters into force, the public officials belonging to administrative agencies entered in the left column
of the following list (excluding those in political civil service belonging to the Planning and Budget Commission and the Office
of National Budget), shall be deemed to be public officials belonging to administrative agencies entered in the right column thereof.
PlanningandBudget Commission,andOfficeof National Budget
Ministry of Planning and Budget
Office of Public Information
Office of the Prime Minister or Government Information Agency, pursuant to the Presidential Decree
MinistryofFinanceand Economy
Ministry of Finance and Economy, Ministry of Commerce, Industry and Energy, or Financial Supervisory Commission, pursuant to the Presidential
Decree
Ministry of Unification
Ministry of Unification or Advisory Council on Democratic and Peaceful Unification, pursuant to the Presidential Decree
MinistryofGovernment AdministrationandHome Affairs
Ministry of Government Administration and Home Affairs or Civil Service Commission, pursuant to the Presidential Decree
MinistryofCultureand Tourism
Ministry of Culture and Tourism or Government Information Agency, pursuant to the Presidential Decree
Office of Cultural Properties
Cultural Properties Administration
MinistryofHealthand Welfare
Ministry of Health and Welfare or Korea Food and Drug Administration, pursuant to the Presidential Decree
(3) At the time when this Act enters into force, the Ordinance of the Ministry of Finance and Economy concerning the affairs under
the jurisdiction of the Administrator of the Office of National Budget which the Minister of Planning and Budget succeeds to and
the Ordinance of the Ministry of Culture and Tourism concerning the affairs which the Minister of the Government Information Agency
succeeds to from among those under the jurisdiction of the Minister of Culture and Tourism under paragraph (1) above, shall be deemed
to be the Ordinance of the Prime Minister, and the Ordinance of the Ministry of Agriculture and Forestry pursuant to the Protection
and Hunting of Wild Birds and Animals Act amended under Article 3 (28) of the Addenda shall be deemed to be the Ordinance of the
Ministry of Environment.
Article 3 Omitted.
Article 4 (Transitional Measures Pursuant to Amendment of Other Acts)
(1) Until the enactment of the Presidential Decree pursuant to the provisions of Article 27 (2) of the Banking Act amended under Article
3 (41) of the Addenda, the scope of bank business shall be governed by previous provisions.
(2) Until the enactment of the Presidential Decree pursuant to the provisions of Article 10 (3) of the Insurance Business Act amended
under Article 3 (48) of the Addenda, the scope of insurance businesses the concurrent conduct of which is permitted, shall be governed
by previous provisions.
(3) In applying the Protection of Cultural Properties Act from the enforcement date of this Act till the day preceding the enforcement
date of the amended provisions of Article 3 (71) of the Addenda, the Ministry of Culture and Tourism and the Minister of Culture
and Tourism shall be deemed to be the Cultural Properties Administration and the Administrator of the Cultural Properties Administration
respectively.
Article 5 (Transitional Measures Pursuant to Amendment of Restriction of Special Taxation Act)
(1) The reduction of or exemption from taxes pursuant to the Restriction of Special Taxation Act amended under Article 3 (69) of the
Addenda shall apply from the initial application for the reduction of or exemption from taxes made after this Act enters into force:
Provided, That an application for the reduction of or exemption from taxes which is made in accordance with the Foreign Investment
Promotion Act before this Act enters into force and on which a decision of the reduction of or exemption from taxes is not given
till this Act enters into force, shall be deemed to be that which is made in accordance with the Restriction of Special Taxation
Act amended under Article 3 (69) of the Addenda on the enforcement date of this Act.
(2) A decision of the reduction of or exemption from taxes made in accordance with the Foreign Investment Promotion Act before this
Act enters into force, shall be deemed to be that made in accordance with the Restriction of Special Taxation Act amended under Article
3 (69) of the Addenda.
(3) In the reduction of or exemption from taxes pursuant to Chapter of the Restriction of Special Taxation Act amended under Article
3 (69) of the Addenda, free export zones established under the Act on the Establishment of Free Export Zones at the time when this
Act enters into force, shall be deemed to be foreign investment zones.
(4) If Articles 9 through 12 and 26 of the Foreign Investment Promotion Act are cited in other Acts and subordinate statutes at the
time when this Act enters into force, it shall be deemed that Articles 121-2 through 121-6 of the Restriction of Special Taxation
Act amended under Article 3 (69) of the Addenda are cited therein.
Article 6 (Relation with Other Acts and Subordinate Statutes Pursuant to Closure and New Establishment of Organizations)
If Planning and Budget Commission or Office of National Budget , Chairman of the Planning and Budget Commission or Administrator
of the Office of National Budget , public official belonging to the Planning and Budget Commission or the Office of National Budget
, Office of Public Information or Ministry of Culture and Tourism (in connection with the foreign public information) , Director
of the Office of Public Information or Minister of Culture and Tourism (in connection with the foreign public information) , public
official belonging to the Office of Public Information or the Ministry of Culture and Tourism (in connection with the foreign public
information) , Ministry of Culture and Tourism (in connection with cultural properties) or Office of Cultural Properties , Minister
of Culture and Tourism (in connection with cultural properties) or Director of the Office of Cultural Properties , or public official
belonging to the Ministry of Culture and Tourism (in connection with cultural properties) or the Office of Cultural Properties is
cited in other Acts and subordinate statutes at the time when this Act enters into force, it shall be deemed that Ministry of Planning
and Budget , Minister of Planning and Budget , public official belonging to the Ministry of Planning and Budget , Government Information
Agency , Minister of the Government Information Agency , public official belonging to the Government Information Agency , Cultural
Properties Administration , Administrator of the Cultural Properties Administration , or public official belonging to the Cultural
Properties Administration is cited respectively.
ADDENDA <Act No. 6139, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Articles 2 through 13 Omitted.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 3 (20) of the Addenda shall enter into force
on March 1, 2002.
Article 2 (Transitional Measures on Competent Affairs and Public Officials, etc. following Abolition and Establishment of Systems)
(1) The competent affairs of the Minister of Education at the time of enforcement of this Act shall be succeeded by the Minister of
Education and Human Resources Development, and from among the competent affairs of the Presidential Commission on Women s Affairs
and of the Minister of Health and Welfare, the affairs on the protection of victims of family violences or sexual violences and the
prohibition of prostitution, etc., and the support for living stability to the prostitutes for Japanese military under Japanese rules
under Article 3 (75) through (78) of the Addenda shall be succeeded by the Minister of Gender Equality; and the public officials
belonging to the Ministry of Education shall be regarded as those belonging to the Ministry of Education and Human Resources Development,
and the public officials belonging to the Presidential Commission on Women s Affairs as those belonging to the Ministry of Gender
Equality.
(2) The Ordinance of the Ministry of Education pertaining to the competent affairs of the Minister of Education to be succeeded by
the Minister of Education and Human Resources Development under paragraph (1) at the time of enforcement of this Act shall be regarded
as the Ordinance of the Ministry of Education and Human Resources Development, and the Ordinance of the Ministry of Health and Welfare
pertaining to the competent affairs of the Minister of Health and Welfare to be succeeded by the Minister of Gender Equality as the
Ordinance of the Ministry of Gender Equality.
Article 3 Omitted.
Article 4 (Relations with Other Acts and Subordinate Statutes following Abolition and Establishment of Systems)
Quotations of the Ministry of Education by other Acts and subordinate statutes at the time of enforcement of this Act shall be regarded
as quotations of the Ministry of Education and Human Resources Development , quotations of the Minister of Education as quotations
of the Minister of Education and Human Resources Development , quotations of the public officials belonging to the Ministry of
Education as quotations of the public officials belonging to the Ministry of Education and Human Resources Development , quotations
of the Ordinance of the Ministry of Education as quotations of the Ordinance of the Ministry of Education and Human Resources
Development , quotations of the Presidential Commission on Women s Affairs as quotations of the Ministry of Gender Equality ,
quotations of the Chairperson of the Presidential Commission on Women s Affairs as quotations of the Minister of Gender Equality
, quotations of the public officials belonging to the Presidential Commission on Women s Affairs as quotations of the public officials
belonging to the Ministry of Gender Equality , and quotations of the Ordinance of the Ministry of Health and Welfare pertaining
to the competent affairs of the Ministry of Health and Welfare to be succeeded by the Minister of Gender Equality as quotations of
the Ordinance of the Ministry of Gender Equality , respectively.
ADDENDA <Act No. 6622, Jan. 19, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the matters falling under each of the following subparagraphs
shall enter into force on the date that is classified in accordance with each of the following subparagraphs:
1.The amended provisions of Article 2 (7), Article 33 (1) (limited to the matters concerning the civil defense and disaster control
system), (6) and (7), Article 2 (1) (limited to the matters concerning civil defense, disaster control and fire fighting) and (2)
of the Addenda, the provisions of Article 4 (excluding paragraph (9)) of the Addenda and the provisions of Article 5 (2) of the Addenda
shall enter into force on the date on which the Presidential Decree concerning the Organization of the National Emergency Management
Agency provided for in the amended provisions of Article 33 (6) enters into force within 3 months after the promulgation of this
Act; and
2.The amended provisions of Article 33 (1) (limited to the matters concerning services and pension management), Article 39 (1) and
Article 42, and the provisions of Article 2 (1) (limited to the matters concerning the care of infants and the personnel management
as well as welfare of public officials) (3) of the Addenda, Article 4 (9) of the Addenda and Article 5 (1) of the Addenda shall enter
into force 3 months after the date of its promulgation.
Article 2 (Transitional Measure concerning Jurisdictional Administrative Affairs and Public Officials following Organizational Breakup
and Creation)
(1) Administrative affairs concerning civil defense, disaster control and fire fighting (excluding the matters concerning the civil
defense and disaster control system) from among the administrative affairs under jurisdiction of the Minister of Government Administration
and Home Affairs at the time of enforcement of this Act shall be succeeded by the National Emergency Management Agency, administrative
affairs concerning the care of infants from among the administrative affairs under jurisdiction of the Minister of Health and Welfare
at the time of enforcement of this Act shall be succeeded by the Minister of Gender Equality, administrative affairs concerning administrative
reform from among the administrative affairs under jurisdiction of the Minister of Planning and Budget at the time of enforcement
of this Act shall be succeeded by the Minister of Government Administration and Home Affairs and administrative affairs concerning
personnel management and welfare (excluding matters concerning services and pension management) of public officials from among the
administrative affairs under jurisdiction of the Minister of Government Administration and Home Affairs at the time of enforcement
of this Act shall be succeeded by the Civil Service Commission, respectively.
(2)Public officials prescribed by the Presidential Decree from among the public officials belonging to the Ministry of Government
Administration and Home Affairs at the time of enforcement of this Act shall be deemed public officials belonging to the Civil Service
Commission or the National Emergency Management Agency.
(3)The Ministry of Health and Welfare Ordinance concerning the administrative affairs under jurisdiction of the Minister of Health
and Welfare that are succeeded by the Minister of Gender Equality under paragraph (1) at the time of enforcement of this Act shall
be deemed the Ministry of Gender Equality Ordinance.
Article 3 (Transitional Measures concerning Public Officials in Political Service Who are Posted Based on Presidential Decree)
In the event that public officials in political service who are posted based on the Presidential Decree at the time of enforcement
of this Act are not posted based on Acts within one year from the date of enforcement of this Act, the relevant provisions of the
Presidential Decree that provide the basis for posting such public officials in political service shall lose their effect.
Article 4 Omitted.
Article 5 (Relation with Other Acts and Subordinate Statutes)
(1)In case where the Ministry of Health and Welfare , the Minister of Health and Welfare and the Ordinance of the Ministry of
Health and Welfare are cited in other Acts and subordinate statutes at the time of enforcement of this Act in connection with the
administrative affairs of the care of infants which the Minister of Gender Equality succeeds to, it shall be deemed the Ministry
of Gender Equality , the Minister of Gender Equality and the Ordinance of the Ministry of Gender Equality are cited, respectively.
(2)In case where the Ministry of Government Administration and Home Affairs and the Minister of Government Administration and Home
Affairs are cited in other Acts and subordinate statutes at the time of enforcement of this Act in connection with the administrative
affairs of civil defense, disaster control and fire fighting which the Administrator of the National Emergency Management Agency
succeeds to, it shall be deemed the National Emergency Management Agency and the Administrator of the National Emergency Management
Agency are cited, respectively.
ADDENDA <Act No. 7217, Sep. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (3) and (5),
7 (2), 10, 12 (2), 19-2 (1), (3) and (6), 22, 26 (1) and 29 through 34 shall enter into force from the date on which the Presidential
Decree concerning the organization of the Ministry of Science and Technology as referred to in the amended provisions of Article
29 (1) and (2) enters into force within two months after the enforcement of this Act. [Enforcement date of the setup of the Ministry
of Science and Technology and its affiliated organs reorganized by the Presidential Decree No. 18561 on October 18, 2004: Oct. 18,
2004]
Article 2 Omitted.
ADDENDUM <Act No. 7256, Dec. 30, 2004>
This Act shall enter into force on January 1, 2005.
ADDENDA <Act No. 7289, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the matters falling under each of the following subparagraphs
shall enter into force starting from the date of under the divisions of each of the following subparagraphs:
1.The amended provisions of Articles 26 (1) and 42 and the provisions of Articles 2 through 4 of the Addenda shall enter into force
on the enforcement date of the Presidential Decree concerning the organization of the Ministry of Gender Equality and Family under
the amended provisions of Article 42 within three months after the promulgation of this Act; and
2.The amended provisions of Article 35 (1) shall enter into force on the enforcement date of the Presidential Decree concerning the
organization to be newly in charge of the affairs concerning the youth within three months after the promulgation of this Act.
Article 2 (Transitional Measures concerning Competent Affairs and Public Officials, etc. under Abolition and New Establishment of
Organization)
(1) The affairs concerning the Framework Act on the Healthy Families and the Single-parent Family Welfare Act from among the competent
affairs of the Minister of Gender Equality and the Minister of Health and Welfare at the time of enforcement of this Act shall be
succeeded by the Minister of Gender Equality and Family.
(2) The public officials belonging to the Ministry of Gender Equality at the time of enforcement of this Act shall be deemed to be
the public officials of the Ministry of Gender Equality and Family.
(3) The Ordinance of the Ministry of Health and Welfare concerning the competent affairs of the Minister of Health and Welfare to
be succeeded by the Minister of Gender Equality and Family under the provisions of paragraph (1) at the time of enforcement of this
Act shall be deemed to be the Ordinance of the Ministry of Gender Equality and Family.
Article 3 Omitted.
Article 4 (Relations with Other Acts and Subordinate Statutes)
At the time of enforcement of this Act, in case where the Ministry of Gender Equality , Minister of Gender Equality , or Ordinance
of the Ministry of Gender Equality is quoted in other Acts and subordinate statutes, the Ministry of Gender Equality and Family
, Minister of Gender Equality and Family , or Ordinance of the Ministry of Gender Equality and Family shall be deemed to have
been quoted, respectively; in case where the Ministry of Health and Welfare , Minister of Health and Welfare , or Ordinance of
the Ministry of Health and Welfare is quoted in relation with the affairs of the Framework Act on Healthy Families and the Single-parent
Family Welfare Act to be succeeded by the Minister of Gender Equality and Family, the Ministry of Gender Equality and Family ,
Minister of Gender Equality and Family , or Ordinance of the Ministry of Gender Equality and Family shall be deemed to have been
quoted, respectively.
ADDENDA <Act No. 7613, Jul. 22, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (7), Article 33
(5) and (6), and of Articles 2 through 4 of the Addenda shall enter into force on January 1, 2006.
Article 2 (Transitional Measures regarding Affairs under Jurisdiction, Public Officials, etc. following Abolishment and New Establishment
of Organization)
(1) The Commissioner of the National Defense Procurement Agency shall succeed to the affairs for planning, budgeting, executing and
assessing the defense projects, and for the contracts of military supplies by central procurement, from among the affairs under the
jurisdiction of the Minister of National Defense at the time of enforcement of this Act.
(2) The public officials prescribed by the Presidential Decree from among the public officials belonging to the Ministry of National
Defense at the time this Act enters into force shall be deemed the public officials belonging to the National Defense Procurement
Agency.
Article 3 Omitted.
Article 4 (Relation to Other Acts and Subordinate Statutes)
Where the term Ministry of National Defense or Minister of National Defense is cited in other Acts and subordinate statutes in
connection with the affairs related to planning, budgeting, executing and assessing the defense projects, and to the contracts of
military supplies by central procurement, which is succeeded to by the Commissioner of the National Defense Procurement Agency at
the time of enforcement of this Act, the term National Defense Procurement Agency or Commissioner of the National Defense Procurement
Agency shall be deemed to have been cited respectively.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/goa281
