Home | Databases | WorldLII | Search | Feedback Laws of the Republic of Korea

KOREA TEACHERS AND STAFF MUTUAL AID ASSOCIATION ACT

Ministry of Education, Science and Technology (Educational Organizations Support Division)

Tel.: 02-2100-6330

Article 1 (Purpose)

The purpose of this Act is to enhance the stabilization of the lives and welfare, with the settlement of an efficient mutual aid system, for persons who serve or served as public educational officials, teachers, or administrative staff of educational institutions, educational administrative institutions or educational research institutes, by establishing the Korea Teachers and Staff Mutual Aid Association (hereinafter referred to as the "Mutual Aid Association").

Article 2 (Juristic Person)

The Mutual Aid Association shall be a juristic person. Article 3 (Office)

(1) The main office of the Mutual Aid Association shall be located in Seoul Special Metropolitan City.

(2) When deemed necessary, the Mutual Aid Association may place branch offices in accordance with the articles of association.

Article 4 (Articles of Association)

(1) The following matters shall be stated in the articles of association of the Mutual Aid Association:

1. Purpose;

2. Name;

3. Office;

4. Matters concerning qualifications for members, admission and secession;

5. Rights and obligations of members;

6. Matters concerning payment of contributions and benefits;

7. Organization;

8. Matters concerning officers and staff;

9. Matters concerning the Board of Representatives and the Steering Committee;

10. Matters concerning various businesses;

11. Matters concerning affairs and execution thereof;

12. Matters concerning accounting; and

13. Other necessary matters. (2) Changes to the articles of association shall be subject to the resolution of the Board of Representatives and the approval of the Minister of Education, Science and Technology (hereinafter referred to as the "Minister"). Article 5 (Registration)

The Mutual Aid Association shall come into existence by making a registration of establishment at the seat of its main office.

Article 6 (Prohibition of Using Same Name)

Any person who is not the Mutual Aid Association shall not use the name of Korea Teachers and Staff Mutual Aid Association. Article 7 (Members)

(1) The members of the Mutual Aid Association shall be divided into regular members and special members. (2) Members shall have the obligation to pay contributions to the Mutual Aid Association, and the right to receive the benefits and other profits or services from the Mutual Aid Association as provided by the articles of association. Article 7-2 (Qualification for Member)

(1) Any person who comes under one of the following subsections can be a regular member.

1. Public educational officials as prescribed in Article 2 (1) of the Public Educational Officials Act;

2. Teachers of private schools as prescribed in Article 2 (1) of the Private School Act; and

3. Faculty members of the Ulsan National Institute of Science and Technology referred to in Article 13 of the Act on the Establishment and Management of Ulsan National Institute of Science and Technology.

(2) When deemed necessary, the Mutual Aid Association may admit the persons who come under one of the following subsection as regular members.

1. Public officials other than public educational officials who serve at the educational institutions, educational administrative institutions or educational research institutes as prescribed in Article 2 (2) through (4) of the Public Educational Officials Act;

2. Administrative staff of private schools as prescribed in Article 70-2 of the Private School Act;

3. Officers and staff of the Mutual Aid Association;

4. Officers and staff of the hospitals established pursuant to the Act on the Establishment of National University-Affiliated Hospitals, the Act on the Establishment of National University-Affiliated Dental Hospitals, the Establishment of Seoul National University Hospital Act, and the Establishment of Seoul National Dental Hospital Act;

5. Teachers and administrative staff of the school-style lifelong educational establishments pursuant to the provisions of Article 31 (2) of the Lifelong Education Act or the remote- college-style lifelong educational establishments pursuant to the provisions of Article 33 (3) of the same Act; and

6. Staff members of the Ulsan National Institute of Science and Technology referred to in Article 13 of the Act on the Establishment and Management of Ulsan National Institute of Science and Technology.

(3) Any person who has retired from the post that comes under one of the subsections of section (1) or one of the subsections of section (2) may be a special member as provided by the articles of association.

[This Article Newly Inserted by Presidential Decree No. 3924, Dec. 31, 1986] Article 8 (Board of Representatives)

(1) The Board of Representatives shall be established in the Mutual Aid Association as the highest decision-making organ.

(2) The Board of Representatives shall be composed of the representatives elected in accordance with the articles of association.

(3) A regular meeting of the Board of Representatives shall be convened once a year by the chief director as provided by the articles of association. (4) An extraordinary meeting of the Board of Representatives shall be convened by the chief director when he or she deems it necessary; Provided that where there exist demands of not less than one third of the representatives, the chief director shall convene the meeting of the Board of Representatives.

Article 9 (Matters to be Decided by Board of Representatives) The following matters shall be subject to the resolution of the Board of Representatives:

1. Alteration of the articles of association;

2. ;

3. ;

4. Deliberation of the basic plan for a business or budget; and

5. Business report, report on the settlement of accounts, and other matters which the chief director or the Steering Committee deems necessary to go through the resolution of the Board of Representatives.

Article 10 (Steering Committee)

(1) The Steering Committee shall be established in the Mutual Aid Association. (2) The Steering Committee shall be composed of the following members.

1. One chief director;

2. Three persons designated by the Minister; and

3. Three persons designated by the Board of Representatives from among the representatives.

(3) The Steering Committee shall deliberate and decide on the following matters:

1. Election of officers;

2. Establishment, recognition or abolition of agreements and regulations;

3. Detailed plans concerning operation of businesses;

4. Agenda to be referred to the Board of Representatives;

5. Matters delegated by the Board of Representatives; and

6. Other important matters concerning the proceeding of businesses. Article 11 (Business)

(1) The Mutual Aid Association shall implement the following businesses to achieve the purpose under Article 1 as provided by the articles of association:

1. Payment of benefits to the members;

2. Various types of welfare and benefit businesses for members; and

3. Projects to raise funds. (2) The Mutual Aid Association may operate profit-seeking businesses within the scope necessary for achieving its purpose. Article 11-2 (Request for Material)

The Mutual Aid Association may request the State agencies, local governments, and other public organizations to provide the materials for appropriateness of benefit business for members and smooth execution of relevant affairs. [This Article Newly Inserted by Act No. 7070, Jan. 20, 2004] Article 12 (Capital)

The capital of the Mutual Aid Association shall be the contributions from members and subsidies from the Government.

Article 13 (Payment of Subsidy)

The Minister shall subsidize the losses for the business by the contributions of the members to protect and foster the Mutual Aid Association. Article 14 (Officers)

The officers of the Mutual Aid Association shall be composed of one chief director, not more than four directors, and not more than two auditors.

Article 15 (Election of Officers)

(1) The chief director shall be elected by the Steering Committee, and he or she shall be approved by the Minister.

(2) The directors shall be appointed or dismissed by the chief director, and they shall be approved by the Minister through the consent of the Steering Committee once the directors are appointed. (3) The auditors shall be elected by the Steering Committee, and they shall be approved by the Minister.

[This Article Wholly Amended by Act No. 2368, Dec. 16, 1972] Article 16 (Duties of Officers)

(1) The chief director shall represent the Mutual Aid Association, and exercise overall control of the operation and administrative affairs of the Mutual Aid Association. (2) The directors shall take partial charge of and deal with the affairs of the Mutual Aid Association as provided by the articles of association, and in the event that the chief director is unable to perform his or her duties due to unavoidable reasons, they shall vicariously perform such duties. (3) The auditors shall audit the accounting and execution status of affairs of the Mutual Aid Association.

[This Article Wholly Amended by Act No. 2982, Dec. 31, 1976] Article 17 (Term of Office of Officers)

The term of office of officers shall be three years. [This Article Wholly Amended by Act No. 6739, Dec. 5, 2002] Article 18 (Appointment and Dismissal of Staff)

The staff of the Mutual Aid Association shall be appointed and dismissed by the chief director. Article 19 (Limitation on Right of Representation) The chief director or the directors shall not represent the Mutual Aid Association for the matters in which the interests of the chief director or the directors are contrary to those of the Mutual Aid Association. Article 20 (Fiscal Year)

The fiscal year of the Mutual Aid Association shall be in accordance with the fiscal year of the Government.

Article 21 (Budget)

The Mutual Aid Association shall compile the total revenues and total expenditures of each fiscal year into a budget, and, upon the resolution of the Board of Representatives, submit it to the Minister and obtain his or her approval not later than one month prior to the commencement of the corresponding fiscal year. Article 22 (Settlement of Accounts)

The Mutual Aid Association shall settle the accounts within three months after the completion of each business year and prepare the statement of the settlement of accounts for the year concerned, and report it to the Minister through the resolution of the Board of Representatives. Article 23 (Accumulation of Reserves)

The Mutual Aid Association shall appropriate reserves to meet the benefits in the future by the type of mutual aid business every settlement period, and separately account such reserves as provided by the articles of association. [This Article Newly Inserted by Act No. 3924, Dec. 31, 1986] [The previous Article 23 moved to Article 25 ] Article 24 (Disposal of Surplus)

(1) The Mutual Aid Association shall, where there exist any net profits in settlement of accounts of each fiscal year, reserve such profits. (2) The reserved fund as prescribed in section (1) shall not be used for the cases other than the case of appropriating for losses or the case of implementing the business under subsection 2 of section (1) of Article 11.

[This Article Wholly Amended by Act No. 3924, Dec. 31, 1986] Article 25 (Mutatis Mutandis Application of Civil Act) Except as provided in this Act, the provisions for an incorporated association of the Civil Act shall apply mutatis mutandis to the Mutual Aid Association. [This Article Newly Inserted by Act No. 3924, Dec. 31, 1986] [This Article moved hereto from Article 23 ] ADDENDA (Government Organization Act) Article 1 (Enforcement Date) This Act shall enter into effect on the date of its promulgation; Provided, that ············the amended portion of Acts, which were promulgated before the enforcement date of this Act, but have not entered into effect yet among the Acts amended in accordance with Article 6 of the Addenda, shall enter into effect on the respective enforcement date of the relevant Act. Articles 2 through 5 Omitted.

Article 6 (Amendment of Other Acts)

(1) through <112> Omitted.

<113> Part of the Korea Teachers and Staff Mutual Aid Association Act shall be changed as follows:

The term "Minister of Education and Human Resources Development" in Article 4 (2), Article 10 (2) 2, Article 13, Article 15 (1) through (3), Articles 21 and 22 shall be changed to "Minister of Education, Science and Technology" respectively. <114> through <760> Omitted.

Article 7 Omitted.