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MATERIALS AND THE DIFFUSION OF KOREAN HISTORY, ...

Ministry of Education, Science and Technology (Northeast Asia Historical Problem Countermeasure Team) 02-2100-6292

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the enrichment of research on the history of our country (hereinafter referred to as "Korean History"), the systematic development of such research, and the heightening of people's awareness of history by facilitating the investigation, collection, preservation and compilation of various historical materials which are required for research on Korean History and for establishing the research system, and based thereon, by facilitating the research, compilation, training and diffusion of Korean History.

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term "historical materials" means records (including documents, books, photographs, epigraphs, paintings, calligraphic works, audio and video taped materials, dictation records and digitally-recorded materials; hereinafter the same shall apply) which can be used as data for research on history;

2. The term "investigation of historical materials" means to confirm the existence of any historical material concerned, its physical form, preserved state, place of possession, inventory, etc.;

3. The term "collection of historical materials" means to possess historical materials confirmed through investigation, by means of loans, reproduction, procurement, accepting gifts, entrustments, etc.;

4. The term "compilation" means to edit and publish historical materials and research results of Korean History, as well as to provide them by processing into digital form such as service using IT network;

5. The term "training on Korean History" means training conducted for experts, teachers, public officials, etc. to help learn Korean History and cultivate the ability to understand history; and

6. The term "informatization of Korean History" means to collect, process, produce and provide in digital form the historical materials and contents related to Korean History.

Article 3 (Relations with Other Acts)

Matters concerning the investigation, collection, preservation and compilation of historical materials, as well as the research, compilation, training, diffusion, etc. of Korean History shall be subject to this Act, unless specially provided for in other Acts. CHAPTER II NATIONAL INSTITUTE OF KOREAN HISTORY

Article 4 (Establishment of National Institute of Korean History) The National Institute of Korean History (hereinafter referred to as the "Institute") shall be established under the jurisdiction of the Minister of Education, Science and Technology for the purpose of enrichment and systematic development of research on Korean History.

Article 5 (Duties)

The Institute shall perform duties falling under each of the following subparagraphs:

1. Formulation and implementation of long-term plans and annual plans for investigation, collection and preservation of historical materials at home and abroad;

2. Formulation and implementation of long-term plans and annual plans for research, compilation, training and diffusion of Korean History;

3. Fostering of specialized manpower for training on Korean History and management of historical materials, etc.;

4. Formulation and implementation of long-term plans and annual plans for informatization of Korean History;

5. Cooperation and coordination among the organizations related to Korean History and historical materials;

6. Request for perusal and photocopies to the owner or manager of historical materials important to the State, and preservation, management and compilation of such materials, etc.;

7. Other duties, such as investigation, collection, preservation and compilation of historical materials, as well as research, compilation, training and diffusion of Korean History, etc.

Article 6 (Organization)

(1) The Institute shall consist of members of not less than 15 and not more than 20, including a chairman and two standing members.

(2) The chairman shall be appointed by the President, who shall be a public official in political service, and standing members shall be public officials belonging to the Senior Civil Service Group under Article 2-2 of the State Public Officials Act. (3) Members of the Institute shall be commissioned by the Minister of Education, Science and Technology by recommendation of the chairman, and necessary matters concerning the commissioning of members such as qualification of member shall be as prescribed by Presidential Decree.

(4) The term of office for the members shall be three years, which is renewable. Article 7 (Meetings of Institute)

(1) Meetings of the Institute shall be composed of all members including the chairman, and shall be chaired by the chairman.

(2) The chairman shall convene meetings of the Institute, which shall open with the attendance of a majority of its members and resolved with the consenting votes of a majority of its members present.

Article 8 (Duties of Chairman)

(1) The chairman shall represent the Institute, exercise overall control of the affairs of the Institute, and lead and supervise the staff members of the Institute. (2) In the case that the chairman is unable to perform his/her duties due to inevitable reasons, a standing member designated by the chairman shall vicariously perform the chairman's duties.

Article 9 (Reasons for Disqualification of Member) (1) A person falling under any of the following subparagraph shall not be a member of the Institute:

1. Person whose nationality is not of the Republic of Korea;

2. Person falling under any subparagraph of Article 33 (1) of the State Public Officials Act;

3. Member of a political party; and

4. Person registered as a candidate to an election conducted under the Public Official Election Act.

(2) Member who has fallen under any subparagraph of paragraph (1) shall be subject to natural resignation.

Article 10 (Operation)

(1) The institute may have public officials required for executing affairs of the Institute. (2) In cases where the participation of experts is needed for collection, compilation, etc. of historical materials, the chairman of the Institute may commission experts in the relevant field as research member of historical materials as prescribed by Presidential Decree.

(3) The chairman of the Institute may commission investigation members of historical materials at home and abroad by region or by institution as prescribed by Presidential Decree, if he/she deems it necessary to investigate and collect historical materials. (4) Other matters required for the operation of the Institute shall be prescribed by Presidential Decree.

Article 11 (Fair Performing of Duties)

(1) Persons who are engaged in the research and investigation, etc. concerning Korean History under this Act shall perform their duties fairly and objectively. (2) Persons who are engaged in affairs of the Institute shall not utilize the contents of documents which they have come to know in performing their duties, for any purposes other than the academic purpose of research on Korean History. CHAPTER III INVESTIGATION, COLLECTION, PRESERVATION, ETC. OF HISTORICAL MATERIALS

Article 12 (Investigation of Historical Materials) (1) The Institute shall conduct investigation of historical materials nationwide or by region and at abroad, in order to find out the current state of historical materials. (2) In cases where it is deemed necessary for investigation of historical materials under paragraph (1), the Institute may request agencies of the State and local governments, or an individual and organization for inventory of historical materials possessed by them, and the heads of the agencies concerned or the individual and the organization shall cooperate with such request.

Article 13 (Perusal and Photocopy of Historical Materials) The Institute may request for perusal and photocopy of the historical materials related to Korean History, which are possessed and managed by the State and local governments or an individual and organization, and the competent heads the State and local governments, or the individual and organization shall comply with such request, unless specially provided in other Acts to the contrary.

Article 14 (Preservation in Trust of Historical Materials) (1) In cases where the State and local governments or an individual and organization requests the Institute for preservation in trust of historical materials which are possessed by them, for the purpose of permanently safe preservation of them, the Institute may preserve them in trust after undergoing examination. (2) In cases where there is a demand from the provider of historical materials under paragraph (1), the Institute shall pay the provider (individual or organization) for the required expenses.

(3) Necessary matters concerning the method and procedure of examination and the compensation related to the preservation in trust under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 15 (Council for Collection and Preservation of Historical Materials) (1) The Council for Collection and Preservation of Historical Materials shall be established in the Ministry of Education, Science and Technology to undertake the cooperation and coordination among the agencies related to collection and preservation of historical materials.

(2) Necessary matters concerning the organization and operation of the Council shall be prescribed by Presidential Decree.

CHAPTER IV RESEARCH, COMPILATION AND DIFFUSION OF KOREAN HISTORY

Article 16 (Research and Compilation)

(1) The Institute shall conduct research on important historical materials and Korean History for the enrichment and systematic development of research on Korean History, and shall compile the results of researches thereto. (2) The Institute shall conduct research or compilation on matters falling under each of the following subparagraphs:

1. Basic historical materials for each era;

2. Basic historical materials for each subject;

3. Historical materials required by policies of the State; and

4. Results of research on Korean History. Article 17 (Training on Korean History)

(1) The Institute may implement matters falling under each of the following subparagraphs for the purpose of training on Korean History:

1. Diffusion of Korean History by utilizing mass media;

2. Provision of curricula, development of teaching materials, lecturing, and fostering of specialized manpower on training in Korean History;

3. Operation of a training institution to promote Korean History; and

4. Education of Korean History at universities and specialized training agencies. (2) Necessary matters concerning training curricula and lectures of Korean History, as well as the organization and operation of the training institution, etc. shall be prescribed by Presidential Decree.

Article 18 (Examination of Ability on Korean History) (1) The Institute may conduct examinations of the ability on Korean History with the objective of spreading interest in Korean History and cultivating knowledge, cognitive ability and problem solving capacity on history.

(2) Necessary matters concerning the method, procedure, contents and examinees of the examinations on Korean History ability under paragraph (1) shall be prescribed by Presidential Decree.

Article 19 (Facilitating Informatization of Korean History) (1) The Institute shall formulate and implement basic plans and annual plans for the informatization of Korean History in order to help people easily learn and conveniently utilize Korean History.

(2) The Institute shall operate a comprehensive information center in the field of history to facilitate informatization of Korean History.

(3) The Council for Informatization of Korean History shall be established to facilitate the informatization of Korean History by building a cooperative system among the related agencies.

(4) Matters required for facilitating informatization of Korean History under paragraphs (1) through (3) shall be prescribed by Presidential Decree. CHAPTER V SUPPLEMENTARY PROVISIONS

Article 20 (Delegation and Entrustment of Authorities) (1) The Minister of Education, Science and Technology may delegate a part of his/her authorities provided in this Act to the heads of local governments (including superintendents of educational affairs) as prescribed by Presidential Decree.

(2) The Minister of Education, Science and Technology may entrust a part of his/her duties provided in this Act to the specialized agencies, organizations, etc. related to Korean History as prescribed by Presidential Decree. ADDENDA (Government Organization Act) Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, that ...... ..... Among the laws amended in accordance with Article 6 of Addenda, the amended parts of the law which was announced prior to the enforcement of this Act but has not been enforced yet shall become effective from the enforcement date of the respective law.

Articles 2 through 5 Omitted.

Article 6 (Amendment of Other Law) through <81> Omitted <82> The Act on the Collection and Compilation of Historical Materials and the Diffusion of Korean History, Etc. (Act No. 8674) shall be partially amended as follows: (Effective Mar. 15, 2008)

The term "Minister of Science and Technology" in Article 4, 6 (3), 20 (1) and (2) shall each be amended to "Minister of Education, Science and Technology." <83> through <760> Omitted.

Article 7 Omitted.