CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to realize humanitarianism, which is the ideal of the Red Cross, and to contribute to the world peace and welfare of human beings by prescribing the general outline concerning the organization and affairs of the Republic of Korea National Red Cross and promoting the smooth performance of the Red Cross activities, based on the spirit of the Geneva Convention and the fundamental principles of the International Red Cross Movement.
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 2 (Juristic Personality) |
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The Republic of Korea National Red Cross (hereinafter referred to as the "Red Cross") shall be a juristic person.
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 3 (Registration) |
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The provisions concerning the registration of an incorporated association of the Civil Act shall apply mutatis mutandis
to the registration of the Red Cross.
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 4 (Office) |
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| (1) |
The location of the principal office of the Red Cross shall be prescribed by its articles of incorporation. |
| (2) |
The Red Cross may establish its branches wherever necessary, as prescribed by its articles of incorporation. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 5 (Articles of Association) |
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| (1) |
The following matters shall be included in the articles of incorporation of the Red Cross: |
| 3. |
Matters concerning the location of the principal office and the establishment of branches; |
| 4. |
Matters concerning the National General Assembly of Representatives, the Central Committee and the Steering Committee under Article 9; |
| 5. |
Matters concerning the executives; |
| 6. |
Matters concerning the internal organization; |
| 7. |
Matters concerning the types of members and membership fees; |
| 8. |
Matters concerning assets and accounting; |
| 9. |
Matters concerning affairs and the execution thereof; |
| 10. |
Matters concerning methods of making official announcements; |
| 11. |
Matters concerning the amendment of the articles of incorporation; |
| 12. |
Other matters necessary for the operation of the Red Cross. |
| (2) |
Where the Red Cross intends to amend its articles of incorporation, it shall obtain approval from the Minister of Health and Welfare. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 6 (Members) |
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| (1) |
Any person who resides in the Republic of Korea may become a member of the Red Cross, regardless of gender, nationality, religion or political beliefs. |
| (2) |
Members shall have the rights and duties of members, as prescribed by the articles of incorporation. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 7 (Activities) |
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The Red Cross shall perform the following activities in order to achieve the purpose under Article 1:
| 1. |
Relief of prisoners of war and victims of armed conflicts based on the spirit of the Geneva Convention; |
| 2. |
Medical treatment and relief of the war wounded, as an auxiliary military medical institution, during the war; |
| 3. |
Relief of persons who have experienced serious disasters, such as flood, fire, famine and virulent infectious diseases; |
| 4. |
Medical services (including nursing service and blood service), emergency relief, volunteering, reunions of separated families, the Red Cross Youth activities, relevant educational activities and other activities concerning the national public health and social welfare; |
| 6. |
International cooperation for the performance of the Red Cross activities; |
| 7. |
Other activities incidental to those under subparagraphs 1 through 6. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 8 (Requesting State and Local Governments to Provide Data, etc.) |
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| (1) |
The Red Cross may request the State and local governments to provide necessary data in order to collect membership fees necessary for the operation of the Red Cross and the performance of activities under Article 7. In such cases, the State and local governments requested so shall provide such data, except in extenuating circumstances. |
| (2) |
Where the Red Cross makes a request relating to the performance of its activities, the State and local governments may provide cooperation. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
CHAPTER II DELIBERATIVE ASSEMBLIES
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| Article 9 (Types of Deliberative Assemblies) |
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The Red Cross shall establish the following deliberative assemblies:
| 1. |
The National General Meeting of Representatives; |
| 2. |
The Central Committee; |
| 3. |
The Steering Committee. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 10 (National General Meetings of Representatives) |
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| (1) |
The Red Cross shall establish the National General Meeting of Representatives in order to take charge of the following matters: |
| 1. |
Election of the members of the Central Committee under Article 11; |
| 2. |
Approval for matters concerning a business plan and budget; |
| 3. |
Deliberation on important matters submitted to the National General Meeting of Representatives by the President of the Red Cross. |
| (2) |
The National General Meeting of Representatives shall be comprised of the President of the Red Cross and the representatives appointed or elected pursuant to the following from among the members of the Red Cross: |
| 1. |
Eight persons appointed by the President of the Republic of Korea; |
| 2. |
Twelve persons appointed by the National Assembly; |
| 3. |
Two persons, each appointed by the Mayor of a Special Metropolitan City, the Mayor of each Metropolitan City, the Mayor of each Special Self-governing City, the Governor of each Do or the Governor of each Special Self-governing Province; |
| 4. |
Six persons, each elected by each Red Cross branch in each Special Metropolitan City, Metropolitan City, Special Self-governing City, Do or Special Self-governing Province, as prescribed by the articles of incorporation. |
| (3) |
The term of office of representatives shall be three years. |
| (4) |
The President of the Red Cross shall convene the National General Meeting of Representatives at least once every year, as prescribed by the articles of incorporation: Provided, That he/she shall convene the National General Meeting of Representatives when at least one-third of the representatives request him/her to convene the National General Meeting of Representatives. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 11 (Central Committee) |
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| (1) |
The Red Cross shall establish the Central Committee in order to deliberate and pass resolutions on the following matters: |
| 1. |
Matters concerning the amendment of the articles of incorporation; |
| 2. |
Matters concerning the election of members of the Steering Committee under Article 12; |
| 3. |
Matters concerning the election of executives; |
| 4. |
Matters concerning the recruitment of members and receipt of membership fees; |
| 5. |
Matters concerning the organization of the Red Cross; |
| 6. |
Matters concerning a business plan and budget; |
| 7. |
Matters concerning business performance and settlement of accounts; |
| 8. |
Matters concerning the acquisition and disposal of real estate and the borrowing of funds; |
| 9. |
Other matters submitted to the National General Meeting of Representatives by the President of the Red Cross. |
| (2) |
The Central Committee shall be comprised of 28 members including the President, and the following persons shall become members of the Central Committee: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Nineteen persons elected by the National General Meeting of Representatives; |
| 2. |
The Minister of Strategy and Finance, the Minister of Education, the Minister of Foreign Affairs, the Minister of Unification, the Minister of Justice, the Minister of National Defense, the Minister of Security and Public Administration, and the Minister of Health and Welfare. |
| (3) |
The term of office of members under paragraph (2) 1 shall be three years. |
| (4) |
The President of the Red Cross shall convene meetings of the Central Committee at least once every year, as prescribed by the articles of association: Provided, That he/she shall convene meetings when at least one-third of the members of the Central Committee request him/her to convene meetings. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 12 (Steering Committee) |
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| (1) |
The Red Cross shall establish the Steering Committee in order to conduct the following affairs: |
| 1. |
Deliberation and passing resolutions on matters on which it is difficult for the Central Committee to pass resolutions because such matters have been delegated by the Central Committee or such matters are emergency matters; |
| 2. |
Prior deliberation on matters concerning a business plan and budget and matters concerning business performance and settlement of accounts among matters on which the Central Committee shall deliberate and pass resolutions. |
| (2) |
The Steering Committee shall be comprised of seven members including the President of the Red Cross; four persons elected by the Central Committee from among its members, the Minister of Security and Public Administration and the Minister of Health and Welfare shall become members. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Steering Committee shall report matters on which it has passed resolutions to the Central Committee. |
| (4) |
The President of the Red Cross shall convene meetings of the Steering Committee. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 13 (Quorum, etc.) |
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| (1) |
The President of the Red Cross shall be the Chairperson of the National General Meeting of Representatives, the Central Committee, and the Steering Committee, and shall preside over affairs of these deliberative assemblies. |
| (2) |
The National General Meeting of Representatives, the Central Committee, and the Steering Committee shall hold meetings when a majority of the incumbent representatives or incumbent members attend meetings, and pass resolutions with the consent of a majority of the representatives or members present. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
CHAPTER III EXECUTIVE ORGAN
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| Article 14 (Honorary President and Honorary Vice President) |
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| (1) |
There shall be one Honorary President and one Honorary Vice President in the Red Cross. |
| (2) |
The President and the Prime Minister of the Republic of Korea shall be the Honorary President and the Honorary Vice President, respectively. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 15 (Executives and Advisor) |
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| (1) |
One President, two Vice Presidents and one Comptroller shall be executives, and one Legal Advisor shall be the advisor of the Red Cross. |
| (2) |
The executives and the advisor shall be full-timers or part-timers, as prescribed by the articles of incorporation. |
| (3) |
The executives and the advisor shall be elected by the Central Committee: Provided, That the President of the Red Cross shall be elected by the Central Committee and approved by the President of the Republic of Korea. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 16 (Terms of Office of Executives and Advisor) |
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The term of office of the President of the Red Cross shall be three years, and that of other executives and an advisor shall be two years. They may be reelected only once.
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 17 (Duties of Executives and Advisor) |
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| (1) |
The President shall represent the Red Cross and preside over its affairs. |
| (2) |
The Vice Presidents shall assist the President of the Red Cross, and where the President is unable to perform his/her duty due to unavoidable reasons, they shall perform his/her duty on his/her behalf in the order he/she has designated in advance. |
| (3) |
The Comptroller shall supervise the financial management of the Red Cross and shall submit his/her opinion thereon to the Central Committee. |
| (4) |
The Legal Advisor shall provide advice and counsel as requested relating to all legal affairs of the Red Cross. |
| (5) |
Executives and an advisor may attend meetings of the National General Meeting of Representatives, the Central Committee, and the Steering Committee, and may state their opinions. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 18 (Disqualification of Executives) |
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Neither of the following persons shall become an executive of the Red Cross:
| 1. |
An incompetent or quasi-incompetent person; |
| 2. |
A person who was declared bankrupt, but has not been reinstated; |
| 3. |
A person in whose case two years have not passed since his/her imprisonment without labor or heavier punishment was completely executed or exempted as declared by a court; |
| 4. |
A person who has been disqualified or suspended according to a ruling by a court or other Acts. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 19 (Secretariat) |
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| (1) |
The Secretariat shall be established in order to conduct affairs of the Red Cross. |
| (2) |
The Secretary General shall be assigned to the Secretariat, and he/she shall take charge of affairs of the Red Cross and direct and supervise employees belonging thereto under the direction of the President of the Red Cross. |
| (3) |
The Secretary General shall be appointed by the President and approved by the Central Committee. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 20 (Fiscal Year) |
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The fiscal year of the Red Cross shall coincide with that of the Government.
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 21 (Submission, etc. of Business Plans) |
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| (1) |
The Red Cross shall prepare and submit a business plan and budget proposal for each fiscal year to the Minister of Health and Welfare following deliberations by the Steering Committee and resolution passed by the Central Committee and after obtaining approval from the National General Meeting of Representatives one month before the relevant fiscal year begins. The same shall also apply where it intends to alter such business plan and budget proposal. |
| (2) |
Notwithstanding the provisions of paragraph (1), in cases of activities which the Red Cross performs by receiving subsidies or loans for all or some of funds (including the fund managed by the State or a local government) or the costs of activities, it shall obtain approval for a plan for performing activities from the competent Minister in charge of such activities or the head of a local government. The same shall also apply where it intends to alter such plan. |
| (3) |
The Red Cross shall submit a statement of revenues and expenditures along with an audit report issued by a certified public accountant registered pursuant to Article 7 of the Certified Public Accountant Act or an accounting firm registered pursuant to Article 24 of the aforementioned Act, following deliberation by the Steering Committee and resolution passed by the Central Committee to the National Assembly and the Minister of Health and Welfare within three months after each fiscal year ends. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 22 (Creation of Funds for Activities) |
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| (1) |
Expenses incurred in relation to the operation and activities of the Red Cross shall be covered by membership fees, subsidies from the State and local governments, earnings from profit-making activities, and other incomes. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 22-2 (Acquisition of Permanent Property) |
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Where the Red Cross intends to acquire, purchase and sell, donate, exchange, or rent permanent property prescribed by the articles of incorporation or offer such permanent property as security, it shall obtain authorization from the Minister of Health and Welfare.
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 23 (Free Lease of State or Public Property) |
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[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
CHAPTER V SUPPLEMENTARY PROVISIONS
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| Article 24 (Profit-Making Business) |
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The Red Cross may conduct the following profit-making business:
| 1. |
Business of running the Red Cross Hospital; |
| 2. |
Business of education, public information and publication concerning the Red Cross; |
| 4. |
Other business prescribed by the articles of incorporation within the scope not interfering with the performance of activities under Article 7. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 25 (Prohibition against Use of Red Cross Emblem, etc.) |
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No person who is not the Red Cross, a military medical institution or a person who has obtained approval for the use of the Red Cross emblem marked with a red Greek cross on a white background from the Red Cross shall use the Red Cross emblem or an emblem similar thereto for business or advertising purposes.
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 26 (Prohibition against Use of Similar Names) |
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No person who is not the Red Cross, a military medical institution or a person who has obtained approval for the use of the Red Cross from the Red Cross shall use the Red Cross, the International Committee of the Red Cross or a name similar thereto.
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 27 (Supervision, etc.) |
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| (1) |
The Minister of Health and Welfare may exercise necessary supervision in order to achieve the purpose of activities of the Red Cross. |
| (2) |
Where the Minister of Health and Welfare deems the execution or resolution by the Red Cross or its deliberative assemblies illegal or remarkably unreasonable, he/she may request the Red Cross or its deliberative assemblies to correct such execution or resolution. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
CHAPTER VI PENAL PROVISIONS
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| Article 28 (Penal Provisions) |
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Any person who violates Article 25 shall be punished by a fine not exceeding one million won.
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
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| Article 29 (Fines for Negligence) |
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| (1) |
Any person who violates Article 26 shall be punished by a fine for negligence not exceeding five hundred thousand won. |
| (2) |
Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11515, Oct. 22, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1988.
Article 2 (Transitional Measures concerning Articles of Association)
The detailed regulations of the Red Cross at the time when this Act enters into force, shall be deemed to be the articles of association provided in Article 5 (1): Provided
, That the Red Cross shall prepare articles of association in accordance with Article 5 (1) and have them adopted at a meeting of the Central Committee pursuant to Article 15 of the previous Act of Incorporation of Republic of Korea National Red Cross within six months of the enforcement date of this Act, and shall obtain approval thereof from the Minister of Health and Welfare.
Article 3 (Transitional Measure concerning General Assembly of National Representatives)
A General Assembly of National Representatives under Article 10 shall be established within three months from the date of approval of the articles of association pursuant to the proviso of Article 2 of this Addenda.
Article 4 (Transitional Measures concerning Central Committee)
| (1) |
The Central Committee under Article 11 shall be established within three months from the date of the establishment of the General Assembly of National Representatives pursuant to Article 3 of this Addenda. |
| (2) |
The existing Central Committee shall be deemed to be the Central Committee under this Act until it is established pursuant to paragraph (1) above. |
| (3) |
Existing members of the Central Committee at the time when this Act enters into force, shall be deemed to be members of the Central Committee under this Act, and their terms of office shall be deemed inclusive of the time served in the previous term of office. |
| (4) |
Seven members of the Central Committee to be newly elected pursuant to Article 11 (2) 1 shall be elected at the General Assembly of National Representatives in such a manner that their terms of office shall be three years for three persons, two years for two persons, and one year for the other two persons respectively, regardless of Article 11 (3). |
Article 5 (Transitional Measures concerning Operating Committee)
| (1) |
The Operating Committee under Article 12 shall be established within one month from the date of the establishment of the Central Committee under this Act pursuant to Article 4 (1) of this Addenda. |
| (2) |
The existing Executive Committee shall be deemed to be the Operating Committee under this Act until the establishment of the Operating Committee pursuant to paragraph (1) above. |
Article 6 (Transitional Measures concerning Officers and Advisors)
| (1) |
The president of the Red Cross, at the time when this Act enters into force, shall be deemed to have been elected and approved in accordance with Article 15 (3), and the time served in the previous term of office shall count towards the term of office of the president. |
| (2) |
The vice presidents and the finance supervisor of the Red Cross at the time when this Act enters into force, shall be deemed to have been elected in accordance with Article 15 (3), and the time served in the previous term of office shall count on the conditions that Article 16 shall apply, toward their respective terms of office. |
| (3) |
One vice president to be newly elected in accordance with Article 15 (1) shall be elected within one month from the date of the establishment of the Central Committee under this Act pursuant to Article 4 (1) of this Addenda. |
| (4) |
The legal counsellor of the Red Cross at the time when this Act enters into force, shall be deemed to be an advisor elected in accordance with Article 15 (3), and the time served in the previous term of office shall count on the conditions that Article 16 shall apply toward the term of office. |
Article 7 (Transitional Measures concerning Fiscal Year)
Regardless of Article 20, the fiscal year 1987 of the Red Cross shall end on March 31, 1988, and the fiscal year 1988 of the Red Cross shall begin on April 1, 1988 and end on December 31, 1988.
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 4727, Jan. 7, 1994>
This Act shall enter into force on the date of its promulgation: Provided
, That the amended provisions of Article 10 (2) 3 and 4 shall enter into force on August 1, 1996, and those of Article 12 (2), on April 1, 1994.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5608, Dec. 30, 1998>
| (1) |
(Enforcement Date) This Act shall enter into force on March 1, 1999. |
| (2) |
(Transitional Measures concerning Terms of Offices for Representatives or Members Elected to Fill Vacancies) The representatives of the General Assembly of National Representatives or members of the Central Committee, who are elected to fill vacancies under the previous provisions at the time of enforcement of this Act, shall hold office until the terms of offices for representatives or members elected to fill vacancies under the previous provisions expire, notwithstanding the amended provisions of the provisos of Articles 10 (3) and 11 (3). |
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6728, Aug. 26, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8248, Jan. 19, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8642, Oct. 17, 2007>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) |
(Applicability to Accounting Audit Report) The amended provisions of Article 21 (3) shall apply beginning with the balance sheets of revenue and expenditure of the fiscal year 2007. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9029, Mar. 28, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11247, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 11515, Oct. 22, 2012>
This Act shall enter into force on the date of its promulgation: Provided
, That the amended provision of Article 22 (2) shall enter into force on February 2, 2013.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
