| Title | GOVERNMENT ORGANIZATION ACT |
|
Contents |
INTRODUCTION
Details
of Enactment and Amendment ¡Ü 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. ¡Ü Amendment:
This Act has come to its present form after going through the amendments over 49
occasions since its enactment.
In addition, other main
government organizations established under other acts are the Fair Trade
Commission, the Financial Supervisory Commission, the Broadcasting Commission,
and the Civil Service commission etc. Main
Contents ¡Ü Central
administrative organizations shall be Ministry, Agency, Administration, unless
regulated under special clause. ¡Ü Heads of
central administrative organizations shall be minister for ministry, minister
for ministry at the agency-ministerial level, commissioner for administration at
the vice-ministerial level. The sub-organization for central administrative
organizations can be established and prescribed as vice-minister,
deputy-administrator, deputy-minister, director general and director. Working
level officials can be prescribed respectively to assist minister, commissioner,
vice-minister, deputy-administrator, deputy-minister and director
general. ¡Ü Agencies are
established directly under the President as follows: Office of the President,
Presidential Security, National Intelligence Service, and Presidential
Commission on Small and Medium Business. The Board of Audit and Inspection is
established in accordance to the Constitution and the Board of Audit and
Inspection Act. ¡Ü Office for
Government Policy Coordination, Prime Minister's Secretariat, Ministry of
Planning and Budget, Ministry of Legislation, Government Information Agency,
Ministry of Patriots and Veterans Affairs are established directly under the
Prime Minister. ¡Ü 17 executive
Ministries are established as follows: Ministry of Finance and Economy, Ministry
of Education and Human Resources, 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 Science and
Technology, 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, Ministry of Construction and
Transportation, and Ministry of Maritime Affairs and Fisheries. ¡Ü 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, An office
under the Ministry of Government Administration and Home Affairs is the National
Police 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 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 National Maritime Police
Agency. GOVERNMENT
ORGANIZATION ACT Wholly Amended
by Feb. 28,
1998 Act No.
5529 Amended by
Jan. 21, 1999
Act No. 5680
Feb. 5, 1999
Act No. 5809
May 24, 1999
Act No. 5982
Jan. 12, 2000
Act No. 6139
Jan. 29, 2001
Act No. 6400
Jan. 19, 2002
Act No. 6622
CHAPTER
I GENERAL PROVISIONS ¡á Article 1
(Purpose) The purpose of this Act
is to lay down 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. ¡á Article 2
(Establishment and Organization of Central Administrative
Agencies) (1)
The establishment and scope of functions of the central administrative agencies
shall be determined by Acts. (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). (3)
Except as otherwise provided in this Act or other Acts, the subsidiary organs of
the central administrative agencies shall be Cha-Gwan (Vice-Minister),
Cha-Jang (Deputy Administrator), Sil-Jang (Deputy Minister),
Guk-Jang (Director-General of Bureau) or Bu-Jang (Director-General
of Department) and Gwa-Jang (Director); Provided, that the
subsidiary organs in charge of trade negotiations at the Ministry of Foreign
Affairs and Trade shall be Bonbu-Jang (Minister or Chief Commissioner),
Sil-Jang, Guk-Jang and Gwa-Jang, and the subsidiary organs
in charge of Civil Defense Disasters at the Ministry of Government
Administration and Home Affairs shall be Bonbu-Jang (Chief Commissioner
of Civil Defense Headquarters), Guk-Jang and Gwa-Jang.
(4)
Except as provided in Acts, the establishment and division of affairs referred
to in paragraph (3) shall be determined by the Presidential Decree;
Provided, that the establishment and division of affairs of Gwas
(Divisions) may be determined by the Ordinance of the Prime Minister or the
Ministerial Ordinance. (5)
In each Ministry of the central administrative agencies, a Cha-Gwan-Bo
(Assistant Minister) may be appointed to directly assist the Minister and the
Vice-Minister on matters that the Minister instructs, and in each administrative
agency, under the Minister, Vice-Minister, Deputy Administrator, Deputy
Minister, Director-General of Bureau or Director-General of Department of the
central administrative agency, and Chief Commissioners of the Ministry of
Foreign Affairs and Trade and the Ministry of Government Administration and Home
Affairs, an officer-in-charge may be appointed to assist them in planning
policies, establishing various plans, conducting research and surveys,
examinations and evaluations, and public information, etc. as determined by the
Presidential Decree; Provided, That in agencies equivalent to divisions,
officers-in-charge may be appointed as determined by the Ordinance of the Prime
Minister or the Ministerial Ordinance. (6)
Except as otherwise provided in this Act and other Acts, Deputy Ministers and
Chief Commissioners, Director-Generals of Bureaus (including Director-Generals
of Outer Bureaus) and Director-Generals of Departments, and Directors shall be
appointed as state public officials in general service of Grade I, Grade II or
III, Grade III or IV, respectively. Assistant Ministers shall be appointed as
state public officials in extraordinary civil service equivalent to Grade I, and
officers-in-charge shall be appointed as state public officials in general
service equivalent to Grades II through IV or state public officials in
extraordinary civil service equivalent to Grades II through IV; Provided,
that Deputy Ministers and Director-Generals of Bureaus or Director-Generals of
Departments may be appointed as state public officials in extraordinary civil
service equivalent to the grades 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 Director-Generals of Bureaus and Director-Generals of
Departments of state public officials in extraordinary civil service in a
central administrative agency shall not exceed one. (7)
Notwithstanding the provisions of paragraph (6), diplomatic public officials may
be appointed as a Deputy Minister, a Director-General of Bureau, a Director, an
Assistant Minister and an officer-in-charge of the Ministry of Foreign Affairs
and Trade; public prosecutors as a Deputy Minister, a Director-General of
Bureau, a Director and an officer-in-charge of the Ministry of Justice; officers
in military service as a Deputy Minister, a Director-General of Bureau, a
Director, an Assistant Minister, and an officer-in-charge of the Ministry of
National Defence, and as a Director-General of Bureau, a Director and an
officer-in-charge of the Military Manpower Administration; fire officials as a
Director-General of Bureau, a Director and an officer-in-charge for fire affairs
of the Ministry of Government Administration and Home Affairs; educational
public service officials as a Deputy Minister, a Director-General of Bureau, a
Director and an Assistant Minister and an officer-in-charge of the Ministry of
Education and Human Resources Development; police officers as a Director-General
of Bureau, a Director and an officer-in-charge of the National Police Agency and
the National Maritime Police Agency under conditions as prescribed by the
Presidential Decree. (8)
If it is deemed that the expertism is especially necessary to perform the duties
concerned, public officials on contractual basis may be appointed to any
position as prescribed by the Presidential Decree within the scope of 20/100 of
the public officials of the respective central administrative agencies
notwithstanding the provisions of paragraphs (6) and (7). (9) Notwithstanding the
provisions of paragraph (3), if necessary, the name of Deputy Minister,
Director-General of Bureau, Director-General of Department, or Director from
among subsidiary organs of the central administrative agencies may be otherwise
given under conditions as determined by the Presidential Decree. In this case,
the subsidiary organs otherwise named shall be deemed to be a Deputy Minister, a
Director-General of Bureau, a Director-General of Department or a Director in
the application of this Act. ¡á Article 3
(Establishment of Special Local Administrative Agencies)
(1)
Except as otherwise prescribed by Acts, each central administrative agency may,
if necessary for the performance of its affairs, have local administrative
agencies under its jurisdiction as determined by the Presidential Decree.
(2) A local
administrative agency provided in paragraph (1) may consolidate and carry out
the administrative affairs under the jurisdiction of the other related central
administrative agencies as prescribed by the Presidential Decree, if it is
deemed more efficient for their consolidated performance in consideration of the
functional relationships and regional special circumstances. ¡á Article 4
(Establishment of Affiliated Organizations) An administrative agency,
if necessary, may establish experiment and research institutions, education and
training institutions, cultural institutions, medical institutions,
manufacturing institutions or advisory institutions within the scope of affairs
under its jurisdiction as prescribed by the Presidential Decree. ¡á 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 a part
of the duties under its jurisdiction, as prescribed by Acts. ¡á Article 6
(Delegation or Entrustment of Authority) (1)
An administrative agency may delegate a part of the affairs under its
jurisdiction to its subsidiary organs or to subordinate administrative agencies,
or entrust or delegate it to other administrative agencies and local governments
or their subordinate agencies as determined by Acts and subordinate statutes. In
this case, the delegated or entrusted organs may, if specially necessary,
re-delegate or re-entrust a part of the delegated or entrusted affairs to their
subsidiary organs or subordinate administrative agencies, as determined by Acts
and subordinate statutes. (2)
Subsidiary organs shall carry out the functions delegated to them pursuant to
paragraph (1) as administrative agencies within the limit of delegated affairs.
(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 juristic persons, associations which are not a local government, or
to their agencies or to individuals as determined by Acts and subordinate
statutes. ¡á 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{in the Ministry of Foreign Affairs and Trade, Chief Commissioner
(Minister) in charge of trade negotiation} or a Deputy Administrator shall
assist the head of each agency to administer the affairs under his jurisdiction
and to direct and supervise his subordinate public officials, and shall act for
the head of the agency in case where he is unable to perform his duties due to
an accident. (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 public officials.
(4)
In case of paragraphs (1) and (2), with respect to Administrations at the
Vice-Ministerial level under the control of the head of a central administrative
agency, he may directly supervise the heads of the said Administrations in
making important policies. (5) The head of a
Ministry or a Ministry at the Agency may request that the Prime Minister
coordinate affairs of other administrative agencies related to affairs under his
duties, if it is necessary for efficient execution of his affairs. ¡á Article 8
(Prescribed Number of Public Officials) (1)
The kinds and prescribed number of public officials to be allocated to each
administrative agency, standards and procedures pertaining to the allocation of
public officials, and other necessary matters shall be determined by the
Presidential Decree. (2)
In case of paragraph (1), the prescribed number of two or more agencies may be
jointly determined, if, in view of the nature of the duties, it is recognized
that it is efficient to manage affairs by combining the prescribed numbers of
those agencies. ¡á 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
concurrently be taken. ¡á Article 10
(Government Delegates) The Minister of the
Office for Government Policy Coordination, Ministers of the Ministries at the
Agency, Vice Ministers, Administrators (in some cases, named Commissioners),
Deputy Administrators (in some cases, named Deputy Commissioners), Deputy
Ministers, Director-Generals of Bureaus or Director-Generals of Departments and
Assistant Ministers of Ministries, Ministries at the Agency and Administrations
at the Vice-Ministerial level, and Chief Commissioners (Minister) of the
Ministry of Foreign Affairs and Trade and the Ministry of Government
Administration and Home Affairs shall be Government Delegates.
CHAPTER
II PRESIDENT ¡á 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 in accordance with Acts and subordinate
statutes. (2) The President may
suspend or cancel any order or disposition by the Prime Minister or by the heads
of the central administrative agencies if it is deemed to be unlawful or unjust.
¡á Article 12
(State Council) (1)
The President as the Chairperson of the State Council shall convene and preside
over the meetings of the State Council. (2)
Where the Chairperson is unable to perform his official duties due to an
accident, the Prime Minister as the Vice-Chairperson shall act as Chairperson,
and in the event of an accident involving both the Chairperson and the
Vice-Chairperson, the members of the State Council shall act as Chairperson 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 and the order referred to in
Article 26 (1). (3)
Any member of the State Council shall be appointed in political civil service,
and may submit bills to the Chairperson and request that a meeting of the State
Council be held. (4) Matters necessary for
the operation of the State Council shall be determined by the Presidential
Decree. ¡á Article 13
(Right to Attend State Council Meetings and Present Bills)
(1)
The Minister of the Office for Government Policy Coordination, the Minister of
Legislation, the Minister of the Government Information Agency, the Minister of
the Ministry of Patriots and Veterans Affairs, other public officials as
prescribed by Acts, and Chairpersons of Presidential Commission on Small and
Medium Business referred to in Article 18, may attend the State Council and take
the floor if necessary. (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. ¡á Article 14
(Office of the President) (1)
The Office of the President shall be established to assist the President in
performing his official duties. (2) A Chief Secretary
shall be assigned to the Office of the President and he shall be appointed in
political civil service. ¡á Article 15
(Presidential Security) (1)
The Presidential Security shall be established to escort the President.
(2) The organization and
scope of functions of and other necessary matters for the Presidential Security
shall be determined by an Act. ¡á Article 16
(National Intelligence Service) (1)
The 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. (2) The organization and
scope of functions of the National Intelligence Service and other necessary
matters shall be prescribed by any other Act. ¡á Article 17
Deleted. ¡á Article 18
(Presidential Commission on Small and Medium Business)
(1)
The Presidential Commission on Small and Medium Business shall be established
under the President in order to foster small and medium businesses.
(2) The necessary matters
concerning the organization and operation of the Presidential Commission on
Small and Medium Business shall be prescribed by the Presidential Decree.
CHAPTER
III PRIME MINISTER ¡á Article 19
(Prime Minister's Supervisory Powers on Administration)
(1)
The Prime Minister shall direct and supervise the heads of central
administrative agencies in accordance of the orders of the President.
(2) The Prime Minister
may suspend or cancel any order or disposition by the heads of the central
administrative agencies upon approval by the President, if it is deemed to be
unlawful or unjust. ¡á Article 19-2
(Deputy Prime Minister) (1)
Two Deputy Prime Ministers shall be established in order to have them deal with
the affairs specially delegated by the Prime Minister. (2)
The Deputy Prime Ministers shall be appointed as the Members of State
Council. (3)
The Deputy Prime Ministers shall be held additionally by the Minister of Finance
and Economy and the Minister of Education and Human Resources Development,
respectively. (4)
The Minister of Finance and Economy shall perform overall control and
co-ordination 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
co-ordination among the related Ministries on the policies for human resources
development under the order of the Prime Minister. ¡á Article 20
(Office for Government Policy Coordination) (1)
The 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, review and 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 civil service. ¡á Article 21
(Office of Prime Minister) (1)
The Office of the Prime Minister shall be established to assist the Prime
Minister in performing his official duties. (2) A Chief Secretary
shall be assigned to the Prime Minister's Secretariat, and he shall be appointed
in political civil service. ¡á Article 22
(Execution of Prime Minister's Official Duties on His Behalf)
Where 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 and the Deputy
Prime Minister held additionally by the Minister of Education and Human
Resources Development, 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 the official
duties of the Prime Minister. ¡á 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 the budget policies, the management of
compilation of budget and execution thereof and financial and administrative
reforms. (2) A Minister and a
Vice-Minister shall be assigned to the Ministry of Planning and Budget, and the
Minister shall be appointed as a member of the State Council and the
Vice-Minister shall be appointed in political civil service. ¡á Article 24
(Ministry of Legislation) (1)
The Ministry of Legislation shall be established under the Prime Minister to
take charge of the review of draft Acts and subordinate statutes, draft treaties
to be laid before the State Council, draft Ordinances of the Prime Minister and
draft Ministerial Ordinances and other affairs on legislation. (2) A Minister and a
Vice-Minister shall be assigned to the Ministry of Legislation and the Minister
shall be appointed in political civil service, and the Vice-Minister shall be
appointed as a state public official in extraordinary civil service.
¡á Article 24-2
(Government Information Agency) (1)
The 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
Government announcement. (2) A Minister and a
Vice-Minister shall be assigned to the Government Information Agency, and the
Minister shall be appointed in political civil service and the Vice-Minister
shall be appointed as a state public official in extraordinary civil service.
¡á 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,
compensation and protection of veterans, and military personal insurance.
(2) A Minister and a
Vice-Minister shall be assigned to the Ministry of Patriots and Veterans
Affairs, and the Minister shall be appointed in political civil service and the
Vice-Minister shall be appointed as a state public official in extraordinary
civil service. CHAPTER
IV EXECUTIVE MINISTRIES ¡á Article 26
(Executive Ministries) (1)
The President shall exercise general control over the following executive
Ministries: Ministry of Finance and
Economy; Ministry of Education and
Human Resources Development; 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 Science and
Technology; 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; 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 as members of the State Council, and the
Vice-Ministers shall be appointed in political civil service. (3) Each Minister shall
direct and supervise the heads of local administrative agencies with respect to
affairs under his jurisdiction. ¡á Article 27
(Ministry of Finance and Economy) (1)
The Minister of Finance and Economy shall take charge of the affairs on the
establishment, overall control and coordination of economic policies, money,
finance, national treasury, government account, internal tax system, customs,
foreign exchange, economic cooperation, and state property. (2)
An Assistant Minister shall be assigned to the Ministry of Finance and Economy.
(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. (4)
Deleted. (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, and the Commissioner shall be appointed in political civil service and
the Deputy Commissioner shall be appointed as a state public official in
extraordinary civil service. (7)
The 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, the clearance of imports and exports, and the control
of goods smuggling. (8) A
Commissioner and a Deputy Commissioner shall be assigned to the Customs Service,
and the Commissioner shall be appointed in political civil service, and the
Deputy Commissioner shall be appointed as a state public official 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 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, and the Administrator shall be appointed in political civil
service, and the Deputy Administrator shall be appointed as a state public
official in extraordinary civil service. (11)
The 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 all statistics. (12) An Administrator
shall be assigned to the National Statistical Office, and he shall be appointed
as a state public official in extraordinary civil service. ¡á Article 28
(Ministry of Education and Human Resources Development)
(1)
The Minister of Education and Human Resources Development shall take charge of
the affairs on the establishment, overall control, and coordination of human
resources development policies, and on school education, lifelong education, and
sciences. (2) An Assistant Minister
shall be assigned to the Ministry of Education and Human Resources
Development. ¡á Article 29
(Ministry of Unification) The Minister of
Unification shall take charge of the policy-making on unification and the
inter-Korea dialogue, the inter-Korea exchange and cooperation, the education on
unification, and other affairs on unification. ¡á Article 30
(Ministry of Foreign Affairs and Trade) (1)
The Minister of Foreign Affairs and Trade shall take charge of affairs on
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, research on international
situations, and emigration. (2) A
Minister (Chief Commissioner) in charge of trade negotiations shall be assigned
to the Ministry of Foreign Affairs and Trade, and he shall be appointed in
political civil service. (3)
An Assistant Minister shall be assigned to the Ministry of Foreign Affairs and
Trade. (4) A Chief of Protocol
shall be assigned to the Ministry of Foreign Affairs and Trade, and he shall be
appointed as a diplomatic public official. ¡á Article 31
(Ministry of Justice) (1)
The Minister of Justice shall take charge of prosecutions, penal
administrations, protection of human rights, immigration control, and other
legal affairs. (2)
The Public Prosecutor'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 Prosecutor's
Office shall be determined by an Act. ¡á Article 32
(Ministry of National Defense) (1)
The Minister of National Defense shall take charge of military administration,
military command, and other military affairs relating to national defense.
(2)
An Assistant Minister shall be assigned to the Ministry of National Defense.
(3)
The Military Manpower Administration shall be established under the Minister of
National Defense to deal with affairs on 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, and the Administrator shall be appointed in political civil
service, and the Deputy Administrator shall be appointed as a state public
official in extraordinary civil service. ¡á Article 33
(Ministry of Government Administration and Home Affairs)
(1)
The Minister of Government Administration and Home Affairs shall take charge of
the affairs such as the general affairs for the State Council, promulgation of
Acts and subordinate statutes and treaties, personnel management and welfare of
public officials, rewards and decorations, management of the government
organization and its prescribed number, administrative efficiency, maintenance
of government buildings, local government system, operational support for local
governments, finances and taxation of local governments, conciliation of
disputes between local governments, elections, referenda, civil defense,
disaster management, and fire fighting. (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 shall be assigned to the Ministry of Government
Administration and Home Affairs. (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 prescribed by an Act. ¡á Article 34
(Ministry of Science and Technology) (1)
The Minister of Science and Technology shall take charge of the establishment of
basic policies for the promotion of science and technology, technology
cooperation, atomic energy and other affairs on the promotion of science and
technology. (2)
The Meteorological Administration shall be established under the Minister of
Science and Technology to take charge of the affairs on atmospheric phenomena.
(3) An Administrator
shall be assigned to the Meteorological Administration, and he shall be
appointed as a state public official in extraordinary civil service.
¡á Article 35
(Ministry of Culture and Tourism) (1)
The Minister of Culture and Tourism shall take charge of affairs on culture,
arts, media, advertisement, publishing, publications, sports, youth, and
tourism. (2)
An Assistant Minister shall assigned to the Ministry of Culture and Tourism.
(3)
The Cultural Properties Administration shall be established under the Minister
of Culture and Tourism to take charge of the affairs on cultural properties.
(4) An Administrator
shall be assigned to the Cultural Properties Administration, and he shall be
appointed as a state public official in extraordinary civil service.
¡á Article 36
(Ministry of Agriculture and Forestry) (1)
The Minister of Agriculture and Forestry shall take charge of the affairs
relating to agriculture, foods, farmland, irrigation, livestock, and the
distribution of agricultural products. (2)
An Assistant Minister shall be assigned to the Ministry of Agriculture and
Forestry. (3)
The Rural Development Administration shall be established under the Minister of
Agriculture and Forestry to deal with affairs concerning the rural development.
(4)
An Administrator and a Deputy Administrator shall be assigned to the Rural
Development Administration, and the Administrator shall be appointed in
political civil service, and the Deputy Administrator shall be appointed as a
state public official in extraordinary civil service. (5)
The Forestry Administration shall be established under the Minister of
Agriculture and Forestry to deal with affairs concerning forestry. (6) An Administrator and
a Deputy Administrator shall be assigned to the Forestry Administration, and the
Administrator shall be appointed in political civil service, and the Deputy
Administrator shall be appointed as a state public official in extraordinary
civil service. ¡á Article 37
(Ministry of Commerce, Industry and Energy) (1)
The Minister of Commerce, Industry and Energy shall take charge of the affairs
on commerce, trade, trade promotion, industry, energy, and underground
resources. (2)
An Assistant Minister shall be assigned to the Ministry of Commerce, Industry
and Energy. (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 the
small and medium businesses. (4)
An Administrator and a Deputy Administrator shall be assigned to the Small and
Medium Business Administration, and the Administrator shall be appointed in
political civil service and the Deputy Administrator shall be appointed as a
state public official in extraordinary civil service. (5)
The 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 examination and
adjudication thereon. (6) An Administrator and
a Deputy Administrator shall be assigned to the Intellectual Property Office,
and the Administrator shall be appointed in political civil service and the
Deputy Administrator shall be appointed as a state public official in
extraordinary civil service. ¡á Article 38
(Ministry of Information and Communication) The Minister of
Information and Communication shall take charge of the affairs concerning
information and communications, radio waves control, postal service, postal
money order, and postal transfer. ¡á Article 39
(Ministry of Health and Welfare) (1)
The Minister of Health and Welfare shall take charge of the affairs on health
and sanitation, prevention of epidemics, administration of medical and
pharmaceutical matters, protection of minimum living standards, self-sustainment
assistance, women's welfare, children, elders, disabled persons and social
security. (2)
The 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
drugs. (3) An Administrator and
a Deputy Administrator shall be assigned to the Food and Drug Administration,
and the Administrator shall be appointed in political civil service and the
Deputy Administrator shall be appointed as a state public official in
extraordinary civil service. ¡á Article 40
(Ministry of Environment) The Minister of
Environment shall take charge of the affairs concerning the preservation of the
natural and living environment and the prevention of environmental pollution.
¡á Article 41
(Ministry of Labor) The Minister of Labor
shall take charge of the affairs concerning 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. ¡á Article 42
(Ministry of Gender Equality) The Minister of Gender
Equality shall take charge of the affairs concerning the elevation of female
status, such as the planning and integration of female policies, the prohibition
of, and relief from, sex discrimination, etc. ¡á Article 43
(Ministry of Construction and Transportation) (1)
The Minister of Construction and Transportation shall take charge of the affairs
concerning the establishment and adjustment of comprehensive plans for
development of national territory, the conservation, utilization and development
of national territory and water resources, the construction of cities, roads and
houses, coasts, rivers and reclamation, land transportation, and air services.
(2)
An Assistant Minister shall be assigned to the Ministry of Construction and
Transportation. (3)
The National Railroad Administration shall be established under the Minister of
Construction and Transportation to deal with affairs concerning national
railroad service. (4) An Administrator and
a Deputy Administrator shall be assigned to the National Railroad
Administration, and the Administrator shall be appointed in political civil
service and the Deputy Administrator shall be appointed as a state public
official in extraordinary civil service. ¡á Article 44
(Ministry of Maritime Affairs and Fisheries) (1)
The Minister of Maritime Affairs and Fisheries shall take charge of the affairs
on fisheries, marine shipping, harbours, preservation of marine environment,
marine surveys, development of marine resources, research and development of
marine science and technology, and marine accidents inquiry. (2)
An Assistant Minister shall be assigned to the Ministry of Maritime Affairs and
Fisheries. (3)
The National Maritime Police Agency 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
Vice-Commissioner shall be assigned to the National Maritime Police Agency, and
they shall be appointed as police officers. ADDENDA
¡á 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.
¡á 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. ¡á 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.
(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.
(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. ¡á Article
4 Deleted. ¡á Article
5 Omitted. ¡á 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". ¡á 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
This Act shall enter into
force on the date of its promulgation. ADDENDA
<Act
No. 5809, Feb. 5, 1999> ¡á Article
1 (Enforcement Date) This
Act shall enter into force six months after the date of its promulgation.
(Proviso Omitted.) ¡á Articles 2 through 6 Omitted. ADDENDA
¡á 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. ¡á 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.
(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.
¡á Article
3 Omitted. ¡á 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.
¡á 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 V 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. ¡á 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
¡á Article
1 (Enforcement Date) This Act shall enter into
force two months after the date of its promulgation. ¡á Articles 2 through 13 Omitted. ADDENDA
¡á 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. ¡á 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. ¡á Article
3 Omitted. ¡á 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
¡á Article
1 (Enforcement Date) This Act shall enter into
force on the date of its promulgation. (Proviso Omitted.) ¡á Articles 2 and 3 Omitted.
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