Act On The Establishment And Operation Of Responsible Administrative Agencies


Published: 2011-05-23

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to promote the increased efficiency of administrative operations and qualitative improvement in administrative services by prescribing basic matters concerning the establishment and operation of responsible administrative agencies and special cases concerning the organization, personnel management, budgeting, accounting, etc. of responsible administrative agencies.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 2 (Definitions)   print
(1) The term "responsible administrative agency" in this Act means an administrative agency, the head of which shall be given autonomy in administrative and financial affairs which are deemed desirable or the performance management of which needs to be reinforced because of its specialty to retain its public nature and at the same time to be operated on the principle of competition, and shall be responsible for the outcomes of operations thereof. <Amended by Act No. 10436, Mar. 8, 2011>
(2) Responsible administrative agencies shall be classified as follows, according to the status of the agencies:
1. Affiliated responsible administrative agency: An affiliated agency of a central administrative agency, which is established by Presidential Decree in accordance with Article 4;
2. Central responsible administrative agency: An agency defined in Article 2 (2) of the Government Organization Act, which is established by Presidential Decree in accordance with Article 4.
(3) Responsible administrative agencies shall be classified as follows, according to the characteristics of administrative affairs of the agencies: <Amended by Act No. 10436, Mar. 8, 2011>
1. Research-and-development-type responsible administrative agency;
2. Education-and-training-type responsible administrative agency;
3. Culture-type responsible administrative agency;
4. Medical-care-type responsible administrative agency;
5. Facility-management-type responsible administrative agency;
6. Other types of responsible administrative agencies prescribed by Presidential Decree.
(4) The classification among responsible administrative agencies set forth in the subparagraphs of paragraph (3) shall be prescribed by Presidential Decree. In such cases, each type of an administrative agency set forth in the subparagraphs of paragraph (3) may be subdivided for efficient management and operation. <Amended by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 3 (Principles of Operation)   print
(1) The independence and autonomy of a responsible administrative agency, which are needed to accomplish the business objectives given by the central administrative agency with which it is affiliated (hereinafter referred to as "controlling central administrative agency") or by the Prime Minister, shall be guaranteed.
(2) The head of each responsible administrative agency (hereinafter referred to as "head of an agency") shall take measures to renovate the management of the agency.
(3) The head of the controlling central administrative agency shall assist the head of an agency so that measures referred to in paragraph (2) can be faithfully implemented. <Newly Inserted by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 3-2 (Establishment, etc. of Mid-Term Management Plans)   print
(1) The Minister of Public Administration and Security shall establish master plans for the overall management and operation of responsible administrative agencies on a five-year basis (hereinafter referred to as "mid-term management plans")
(2) Mid-term management plans shall include the following:
1. Matters concerning the basic direction-setting for the management of responsible administrative agency system;
2. Matters concerning the establishment of responsible administrative agencies and discharge of agencies therefrom;
3. Matters concerning the inspection of overall operation of responsible administrative agencies and improvement of the system.
(3) The Minister of Public Administration and Security shall establish annual operation guidelines for the operation, assessment, etc. of responsible administrative agencies according to mid-term management plans.
(4) The Minister of Public Administration and Security may, if it becomes necessary due to the change of an administrative environment, such as restructuring of the government organization, revise a mid-term plan or annual operation guidelines.
(5) Except as otherwise provided for in paragraph (1) through (4), matters necessary for the mid-term management plans, annual operation guidelines, and the revision thereof shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10436, Mar. 8, 2011]
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 Article 4 (Establishmentof Responsible Administrative Agencies and Discharge of Agencies therefrom)   print
(1) Where administrative affairs comply with any of the following standards, a responsible administrative agency shall be established by Presidential Decree:
1. Principal administrative affairs of the agency is providing administrative services in the nature of business and enforcement, the outcomes of which can be measured after developing standards for measuring outcomes;
2. Administrative affairs by which all or part of the financial revenue necessary for the operation of the agency can be secured on its own.
(2) The Minister of Public Administration and Security may establish a responsible administrative agency under paragraph (1) or have an agency discharged from the responsible administrative agency after consultation with the Minister of Strategy and Finance and the head of the competent central administrative agency. In such cases, the Minister of Public Administration and Security shall respect the opinion of the head of the competent central administrative agency. <Amended by Act No. 10436, Mar. 8, 2011>
(3) As for the administrative affairs that are deemed to be efficiently performed by a responsible administrative agency among the administrative affairs under its jurisdiction, the head of a central administrative agency may request the Minister of Public Administration and Security to establish a responsible administrative agency, and where a responsible administrative agency is deemed incapable of fulfilling the purpose of its establishment, he/she may request the Minister of Public Administration and Security to have it discharged from the responsible administrative agency. <Amended by Act No. 10436, Mar. 8, 2011>
(4) For the purposes of the establishment of a responsible administrative agency or discharge of an agency therefrom under paragraphs (2) and (3), the Minister of Public Administration and Security may conduct, or request the head of the relevant central administrative agency to conduct, an examination in the relevant administrative affairs. <Newly Inserted by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 5 (Relationship with other Acts)   print
This Act shall preferentially apply to the organization, operation, assessment, personnel affairs, budgeting and accounting of responsible administrative agencies. <Amended by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 6 (Introduction of Responsible Administrative Agency System to Local Governments)   print
The Minister of Education, Science and Technology, the Minister of Public Administration and Security and the heads of local governments shall endeavor to introduce a responsible administrative agency system to local governments in accordance with the purposes of this Act.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
CHAPTER II AFFILIATED RESPONSIBLE ADMINISTRATIVE AGENCIES
Section 1 Heads of Affiliated Responsible Administrative Agencies
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 Article 7 (Employment of Heads of Agencies)   print
(1) The head of a controlling central administrative agency shall select the head of an agency from among persons with abundant knowledge and ability in administration or management or with abundant experience in the related field through open recruitment procedures and shall employ him/her as a public official in contractual service: In such cases, the outcomes of appraisal of the ability and qualifications of a person whom he/she intends to employ shall be utilized in making a decision on whether to employ him/her. <Amended by Act No. 10436, Mar. 8, 2011>
(2) Requirements for employment of the head of an agency shall be determined by the head of the controlling central administrative agency and shall be notified to the Minister of Public Administration and Security.
(3) The term of employment of the head of an agency shall be determined by the head of the controlling central administrative agency within the extent of five years. In such cases, it shall be two years or more, except in extenuating circumstances, such as the closure of the agency.
(4) The open recruitment, and procedures for employment of the head of an agency, details of employment contracts, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 10436, Mar. 8, 2011>
(5) Where a public official in career service has retired from office, in employment as the head of an agency and where the term of employment has come to an end or an employment contract has been cancelled, he/she may be appointed through career competition as apublic official in career service of the class that he/she was in at the time of retirement (referring to a position with the difficulty and responsibility similar to those of the position at the time of retirement in cases of a public official belonging to the Senior Public Service): Provided, That this shall not apply where the employment contract has been cancelled for a reason prescribed in Article 8-2 (1) or (3) 2 or 3. <Amended by Act No. 10436, Mar. 8, 2011; Act No. 10699, May 23, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 8 (Duties of Head of Agency)   print
The head of an agency shall endeavor to comply with the following matters:
1. Faithfully implementing the terms of an employment contract concluded with the head of a controlling central administrative agency;
2. Improving the public benefit and efficiency in the operation of an agency;
3. Raising the economic efficiency in financial affairs and improving the quality of services.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 8-2 (Cancellation of Employment Contracts)   print
(1) In cases where the business performance of an affiliated responsible administrative agency turns out to be extremely poor as a result of the comprehensive assessment conducted under Article 51, such as showing severely bad business record, the head of a controlling central administrative agency may cancel an employment contract of the head of such agency without delay following deliberation by the committee for the deliberation of operation of affiliated responsible administrative agencies provided for in Article 12.
(2) Criteria for judgment on whether the business performance of an affiliated responsible administrative agency is extremely poor as referred to in paragraph (1) shall be prescribed by Presidential Decree.
(3) The head of a controlling central administrative agency shall, if the head of an agency falls under any of the following grounds, cancel his/her employment contract without delay:
1. Discharge of an agency from an affiliated responsible administrative agency or extinction of duties which are the object of an employment contract by any other cause;
2. Difficulty in performing his/her duties after being prosecuted for a criminal offense: Provided, That this shall not apply where a prosecution is made for an offense caused by negligence which has no relation to his/her duties and where a summary order is sought;
3. Cases falling under any subparagraph of Article 33 of the State Public Officials Act: Provided, That subparagraph 5 of Article 33 of the State Public Officials Act shall only apply to a person who has committed a crime provided for in any of Articles 129 through 132 of the Criminal Act or a crime provided for in Article 355 or 356 of the Criminal Act in connection with his/her duties and is under suspension of the sentence of imprisonment without labor or a heavier punishment as declared by a court;
4. Any other case falling under conditions for cancellation stipulated in an employment contract.
[This Article Newly Inserted by Act No. 10436, Mar. 8, 2011]
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 Article 9 (Remuneration for Head of Agency)   print
Matters concerning remuneration for the head of an agency shall be prescribed by Presidential Decree: Provided, That they shall be prescribed to ensure that the business performance, such as the results of a comprehensive assessment conducted under Article 51, is reflected. <Amended by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
Section 2 Operation and Assessment
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 Article 10 (Basic Operational Regulations)   print
(1) The head of an agency shall prepare basic operational regulations concerning the organization and operations of affiliated responsible administrative agencies within the extent prescribed by Acts and subordinate statutes and obtain approval from the head of a controlling central administrative agency beforehand. The same shall apply where any content of the basic operational regulations is modified.
(2) In cases prescribed by Presidential Decree, such as cases where the quota of public officials by type and by rank is adjusted within the extent of personnel expenses among the contents of the basic operational regulations under paragraph (1) (hereinafter referred to as "basic operational regulations"), the approval of the head of a controlling central administrative agency shall not be obtained. In such cases, the head of an agency shall notify the head of the controlling central administrative agency of the detail.
(3) The basic operational regulations shall contain the following:
1. Basic matters concerning the business affairs in charge and procedures for dealing with them;
2. Matters concerning the establishment and operation of affiliated responsible administrative agencies and subordinate branches of the affiliated agencies thereof, and the operation of quotas of public officials;
3. Matters concerning the personnel management of affiliated public officials;
4. Matters concerning budgeting and accounting;
5. Other matters prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 11 (Business Objectives, Plan for Operation of Business, etc.)   print
(1) The head of a central administrative agency shall determine business objectives concerning the following matters for each affiliated responsible administrative agency, and shall give them to the heads of agencies:
1. Increasing economic efficiency in financial affairs;
2. Enhancing level of services;
3. Rationalizing management, etc.;
(2) The head of an agency shall establish a plan for the operation of business to accomplish the business objectives prescribed in paragraph (1), and shall obtain the approval of the head of the controlling central administrative agency within the period prescribed by Presidential Decree.
(3) The head of each central administrative agency shall have the plan for the operation of business deliberated upon by the Committee for deliberation of operation of affiliated responsible administrative agencies under Article 12 if he/she intends to approve it.
(4) The head of an agency shall establish an annual business plan according to the plan for the operation of business and shall submit it to the head of the controlling central administrative agency within the period prescribed by Presidential Decree.
(5) The annual business plan under paragraph (4) shall contain the concrete objectives for business performance to be achieved by the affiliated responsible administrative agency and a measuring index with which it is possible to measure the performance objectively.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 12 (Committee for Deliberation of Operation of Affiliated Responsible Administrative Agencies)   print
(1) A committee for the deliberation of operation of affiliated responsible administrative agencies (hereinafter referred to as "Deliberative Committee") shall be established under the jurisdiction of the head of the central administrative agency in order to assess the business performance of the affiliated responsible administrative agencies and to deliberate upon important matters concerning the operation of affiliated responsible administrative agencies.
(2) The Deliberative Committee shall deliberate upon the following: <Amended by Act No. 10436, Mar. 8, 2011>
1. Matters concerning the establishment of business objectives;
2. Matters concerning the establishment and modification of plans for the operation of business and of annual business plans;
3. Matters concerning recommendations for discharge of an affiliated responsible administrative agency;
4. Matters concerning the cancellation of an employment contract of the head of an agency;
5. Other matters prescribed by Presidential Decree.
(3) The Deliberative Committee shall be comprised of nine or less members, including one chairperson.
(4) The chairperson and members of the Deliberative Committee shall be commissioned by the head of the competent central administrative agency from among persons with abundant knowledge and experience relating to the administrative affairs of affiliated responsible administrative agencies and from among persons recommended by non-governmental organizations (referring to non-profit non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act).
(5) The term of office of each member shall be two years.
(6) Matters necessary for the procedures, methods, timing, etc. of assessment under paragraph (1) shall be determined by the steering committee for responsible administrative agencies under Article 49.
(7) Except as otherwise prescribed by this Act, matters necessary for the composition and operation of the Deliberative Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 13 Deleted. <by Act No. 9303, Dec. 31, 2008>   print
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 Article 14 (Utilization of Outcomes of Assessment)   print
(1) The head of an agency shall reflect the outcomes of assessment under Article 12 (1) in the improvement of operation of the agency.
(2) The head of each controlling central administrative agency shall make public the outcomes of assessments of affiliated responsible administrative agencies, as prescribed by Presidential Decree.
(3) The head of each controlling central administrative agency and the head of an agency may grant privileges in personnel management, such as commendation, etc. to the public official who has contributed to the operation of the agency, to improvement in business performance, etc., according to the outcomes of assessment.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
Section 3 Structure and Quotas
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 Article 15 (Establishment of Affiliated Agencies and Subordinate Branches)   print
(1) An affiliated responsible administrative agency may have affiliated agencies as prescribed by Presidential Decree.
(2) The establishment of and administrative affairs allotted to the subordinate branches of the affiliated responsible administrative agency and affiliated agencies thereof shall be determined by the basic operating regulations.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 16 (Quota of Public Officials)   print
(1) The quota limit on public officials to be appointed to an affiliated responsible administrative agency shall be prescribed by Presidential Decree. In such cases, the quota in the following subparagraphs shall be prescribed by Ordinance of the Prime Minister or by a Ministerial Ordinance, but it may be prescribed by a single Ordinance after consolidating them as prescribed by Presidential Decree:
1. Quota by kind and by rank of public officials;
2. Quota of public officials belonging to the Senior Civil Service.
(2) The head of agency shall, when he/she needs fix or adjust the quota under the subparagraphs of paragraph (1), submit a plan to the head of the controlling central administrative agency.
(3) The head of the central administrative agency shall consult with the Minister of Public Administration and Security in advance on the plan submitted pursuant to paragraph (2).
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 17 (Utilization of Public Officials in Contractual Service)   print
(1) Where it is necessary in light of the characteristics of administrative affairs, public officials in contractual service may be appointed to the head of an affiliated responsible administrative agency and the heads of affiliated agencies, and subordinate branches thereof.
(2) An affiliated responsible administrative agency may employ public officials in contractual service to fill part of its quota, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
Section 4 Personnel Management
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 Article 18 (Appointing Authority Holder)   print
Notwithstanding Article 32 (1) and (2) of the State Public Officials Act, and other Acts and subordinate statutes relating to the personnel management of public officials, the heads of central administrative agencies shall have the entire authority over the appointment of public officials belonging to the affiliated responsible administrative agencies. In such cases, the heads of the central administrative agencies may delegate part of the appointing authority to the head of agency, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 19 (Examination for Appointment)   print
(1) The examination for appointment of public officials belonging to the affiliated responsible administrative agency shall be conducted by the head of agency: Provided, That where it is difficult for the head of agency to conduct the examination alone, the head of the central administrative agency may conduct the examination, or may conduct the examination jointly with the head of another examination implementing agency or by entrusting the examination to the head of another agency prescribed by Presidential Decree.
(2) Where the examination for appointment is conducted, the class of appointment (referring to the position for appointment where the position is to be filled by a public official belonging to the Senior Civil Service), qualifications for application, number of persons to be selected, method, time and place of examination, and other necessary matters shall be announced during a reasonable period: except for the open competitive examination for appointment of public officials in career service, the examination for appointment may not be announced to the extent that does not violate the principle of competition.
(3) The academic background, career, age and other necessary qualifications to apply for examination for appointment shall be prescribed by Presidential Decree, and matters concerning the subjects and method of examination shall be determined by the basic operating regulations.
(4) The subjects, methods and other matters necessary for administering examinations for transfer of a position shall be determined by the basic operating regulations.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 20 (Exchange of Personnel between Agencies)   print
(1) Where the change of positions of public officials between affiliated responsible administrative agencies and controlling central administrative agency and affiliated agencies thereof is deemed necessary, the head of a controlling central administrative agency may perform it after consultation with the heads of agencies.
(2) Where a public official in career service belonging to an affiliated responsible administrative agency, who has been employed pursuant to Article 19, is to be transferred to, or to be appointed through career competition in, the position of a public official in career service in another administrative agency, such public official shall pass an examination for appointment through career competition prescribed by the Acts and subordinate statutes relevant to personnel management, other than public officials appointed in accordance with procedures prescribed in paragraph (1) and the Acts and subordinate statutes relevant to personnel management (referring to the Acts and subordinate statutes applicable to positions forappointment through career competition or transference). In such cases, the class for appointment shall be determined one by one with the approval of the head of the central administrative agency that has jurisdiction over the Acts and subordinate statutes relevant to personnel management. <Amended by Act No. 10699, May 23, 2011>
(3) Where a person who has been transferred to, or appointed through career competition in an affiliated responsible administrative agency after being appointed as a public official in career service in accordance with other Acts, is transferred to, or to be appointed through career competition in, the position of a public official in career service in another administrative agency, paragraph (2) shall not apply: Provided, That only the latter part of paragraph (2) shall apply to a person promoted after being transferred or appointed through career competition to the affiliated responsible administrative agency. <Amended by Act No. 10699, May 23, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 21 (Filling Vacancies)   print
Where a public official in career service belonging to an affiliated responsible administrative agency temporarily takes leave of office or has been dispatched, a public official in contractual service may be employed to fill the vacancy during the period.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 22 (Appraisal of Work Performance)   print
(1) The head of an agency shall, objectively and in strict fairness, appraise the work performance, ability to perform duties, etc. of the public officials under its jurisdiction periodically or frequently, and shall reflect them in the determination of remuneration and personnel management.
(2) The elements, methods and timing of appraising work performance, ability to perform duties, etc,. and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 23 (Promotion)   print
(1) The promotion of rank or promotion to a position to which a public official is appointed as a public official belonging to the Senior Civil Service shall be based on the evidentiary data on work performance, ability to perform duties, etc.
(2) Matters concerning the minimum years required for promotion and methods of determining persons subject to promotion, except for matters limiting promotion, shall be determined by the basic operating regulations.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 24 (Special Cases concerning Appointment through Career Competition)   print
The appointment through career competition of public officials belonging to the affiliated responsible administrative agency under Article 28 (2) 1 of the State Public Officials Act shall apply only to persons working at the affiliated responsible administrative agency at the time of retirement. <Amended by Act No. 10699, May 23, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 25 (Payment of Bonuses)   print
The head of an agency may pay bonus discriminately based on an affiliated agency, subordinate branch or individual, according to the outcomes of assessment of business, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 26 (Application of the State Public Officials Act, etc.)   print
The State Public Officials Act or other Acts and subordinate statutes relating to the personnel management of public officials shall apply to matters concerning the personnel management of public officials belonging to an affiliated responsible administrative agency, which are not prescribed by this Act.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
Section 5 Budgeting and Accounting
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 Article 27 (Establishment, etc. of Special Accounts)   print
(1) The special accounts of a responsible administrative agency shall be created to efficiently operate the business of affiliated responsible administrative agencies which mainly perform administrative affairs provided for in Article 4 (1) 2. <Amended by Act No. 10436, Mar. 8, 2011>
(2) Affiliated responsible administrative agencies which need to be operated with special accounts referred to in paragraph (1) shall be determined by the Minister of Strategy and Finance following consultations with the Minister of Public Administration and the relevant central administrative agencies in accordance with the standards prescribed by Presidential Decree, such as the rate of their own earnings out of the financial revenue.
(3) Affiliated responsible administrative agencies other than those determined pursuant to paragraph (2) (hereinafter referred to as "responsible administrative agencies operating with special accounts") shall be operated with general accounts, but may be operated with the special accounts created in accordance with other Acts where any special reason, such as difficulty to change accounting prescribed by Presidential Decree, exists. In such cases, a separate item for a responsible administrative agency shall be created in the general accounts or special accounts and the autonomy in operating budgets equivalent to that of enterprise-type agencies shall be guaranteed. <Amended by Act No. 10436, Mar. 8, 2011>
(4) The provisions of Articles 28, 29, 29-2, 30, 32, 33, and 35 through 38 shall not apply to the special accounts referred to in the latter part of paragraph (3). <Amended by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 28 (Classification of Accounts)   print
(1) Accounts of the special accounts of a responsible administrative agency (hereinafter referred to as "special accounts") under Article 27 (1) shall be classified for each responsible administrative agency operating with special accounts. <Amended by Act No. 10436, Mar. 8, 2011>
(2) The names and contents of the accounts referred to in paragraph (1) and other matters necessary for the classification of accounts shall be prescribed by Presidential Decree.
(3) The budgets and settlement of accounts of the special accounts may be classified for each branch of a responsible administrative agency operating with special accounts. <Amended by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 29 (Operation and Management of Special Accounts)   print
The special accounts shall be accounted by the heads of central administrative agencies, and shall be combined and managed by the Minister of Strategy and Finance.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 29-2 (Devolvement of State Property, etc. to Special Accounts)   print
Where all or part of the administrative affairs of an administrative agency are transferred to a responsible administrative agency operating with special accounts following the establishment of a responsible administrative agency operating with special accounts, those acknowledged by the head of the central administrative agency as necessary for the operation of responsible administrative agencies operating with special accounts after consultation with the head of an agency among the State property and articles occupied, used or managed by the administrative agency in performing duties shall be deemed to belong to the special accounts. <Amended by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 30 (Application, etc. of the Government Enterprise Budget Act)   print
(1) The business of a responsible administrative agency operating with special accounts shall be deemed a government enterprise, notwithstanding the provisions of Article 2 of the Government Enterprise Budget Act. <Amended by Act No. 10436, Mar. 8, 2011>
(2) Except as otherwise prescribed by this Act, the Government Enterprise Budget Act shall apply to the budgeting and accounting of the special accounts: Provided, That the Minister of Strategy and Finance may, taking into account the scale of the amount earned autonomously by responsible administrative agencies operating with special accounts and characteristics of administrative affairs thereof, etc., allow them to accommodate the profit and loss account and capital account one another only in cases prescribed by Presidential Decree, such as urgent appropriation for operation expenses of an agency. <Amended by Act No. 10436, Mar. 8, 2011>
(3) In cases where accommodation between the profit and loss account and capital account is made under the proviso to paragraph (2), the head of the controlling central administrative agency to which the relevant responsible administrative agencies operating with special accounts belong shall submit the details thereof to the competent standing committee of the National Assembly on a quarterly basis by the last day of the month following the month wherein the last day of a quarter falls. <Newly Inserted by Act No. 10436, Mar. 8, 2011>
(4) Where it is acknowledged as necessary for the operation of business, the head of a central administrative agency may have responsible administrative agencies operating with special accounts jointly use revolving funds under Article 13 of the Government Enterprise Budget Act. <Amended by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 31 Deleted. <by Act No. 9280, Dec. 31, 2008>   print
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 Article 32 (Revenues and Expenditures)   print
(1) The revenue of the special accounts shall be as follows:
1. Earnings relating to the operation of business;
2. Balance carried forward from the previous year;
3. Transfers from other accounts;
4. Share in expenses;
5. Temporary loans;
6. Other earnings relating to business.
(2) The expenditure of the special accounts shall be as follows: <Amended by Act No. 10436, Mar. 8, 2011>
1. Expenses incurred in operating and managing business;
2. Expenses incurred in purchasing, installing, managing and operating facilities, equipment, etc.;
3. Repayment of and interest on temporary loans;
4. Other disbursements, such as investments, subsidies, contributions, and loans
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 33 (Transfer from General Accounts, etc.)   print
(1) As for a responsible administrative agency operating with special accounts having difficulty in operating business with its own earnings, the head of the central administrative agency may transfer expenses of ordinary character prescribed by Presidential Decree to the special accounts by appropriating them in the general accounts, etc. after the assessment of the Deliberative Committee. <Amended by Act No. 10436, Mar. 8, 2011>
(2) The head of a central administrative agency may transfer expenses to be borne by the general accounts among the investment expenses involved in the plan for the operation of business under Article 11 (2) to the special accounts by appropriating them in the general accounts, etc. aside from expenses of ordinary nature under paragraph (1).
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 34 (Guidelines on Compilation of Budget Bills)   print
When preparing guidelines on the compilation of budget bills under Article 29 (1) of the National Finance Act, the Minister of Strategy and Finance may prepare separate guidelines after hearing the opinions of affiliated responsible administrative agencies and the heads of related central administrative agencies so that the characteristics of the affiliated responsible administrative agencies may be reflected.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 35 (Direct Use of Surplus Earnings)   print
(1) Where earnings exceed or are expected to exceed the revenue budget of the special accounts or general accounts (hereinafter referred to as "surplus earnings"), the head of an agency may use the surplus earnings for expenses directly related to the surplus earnings and for indirect expenses acknowledged as necessary for the performance of business of the agency, which are prescribed by Presidential Decree. <Amended by Act No. 9303, Dec. 31, 2008>
(2) Deleted. <by Act No. 7259, Dec. 30, 2004>
(3) Where the head of an agency has used surplus earning pursuant to paragraph (1), he/she shall notify the head of the controlling central administrative agency, the Minister of Strategy and Finance and the Board of Audit and Inspection of Korea thereof. <Amended by Act No. 9303, Dec. 31, 2008>
[This Article Wholly Amended by Act No. 6666, Mar. 25, 2002]
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 Article 36 (Budget Re-Allocation)   print
(1) Notwithstanding the provisions of Article 46 of the National Finance Act and Article 20 of the Government Enterprise Budget Act, the head of an agency may reallocate budgets between items within the extent of total amount of expenditure budget for each account of the special accounts or of expenditure budget of the general accounts, as prescribed by Presidential Decree, where it is specifically necessary for the implementation of budgets.
(2) Where the head of an agency has reallocated budgets pursuant to paragraph (1), he/she shall send a detailed statement itemizing each amount and the grounds therefor to the head of the controlling central administrative agency, the Minister of Strategy and Finance and the Board of Audit and Inspection of Korea.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 37 (Carryover of Budgets)   print
(1) The expenses of ordinary character that have not been incurred due to an unavoidable reason among the expenditure budget of the special accounts or general accounts for each fiscal year may be carried over to the following fiscal year for use within the extent prescribed by Presidential Decree.
(2) Article 48 (4) and (7) of the National Finance Act shall apply mutatis mutandis to cases falling under paragraph (1).
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 38 (Appropriation of Profits and Loss)   print
(1) Where a profit has accrued as the result of settlement of accounts for each fiscal year, it shall be accumulated as retained earnings in the special accounts, and where a deficit has accrued, it shall be supplemented with retained earnings.
(2) The profit acknowledged by the Deliberative Committee or the Steering Committee for responsible administrative agencies as having accrued because of the management skills of the head of an agency as the result of settlement of accounts of the special accounts may be used within the extent determined in the plan for the operation of business within the period of the plan.
(3) Where a deficit has incurred as a result of settlement of accounts of the special accounts exceeds retained earnings, the excess amount shall be cleared as deficit carried over.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 39 (Bearing Expenses)   print
(1) The head of a central administrative agency may have the person who has incurred expenses bear such expenses falling under each of the following subparagraphs, such as the State, local governments, specific agencies or organizations, etc., as prescribed by Presidential Decree:
1. Expenses incurred in relation to business operated by an affiliated responsible administrative agency for national policy purpose or public purpose;
2. Expenses incurred where charges or fees for services by an affiliated responsible administrative agency are deducted or exempted.
(2) Where local governments, specific agencies or organizations, etc. profit significantly from the business of affiliated responsible administrative agencies, the head of the central administrative agency may have a person who obtains profit take part of the business.
(3) Expenses that local governments, specific agencies or organizations, etc. have to bear under paragraphs (1) and (2) shall be determined after consultation between the heads of central administrative agencies, local governments, specific agencies or organizations, etc.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 39-2 (Special Cases concerning Receipt of Entrusted Articles)   print
(1) Notwithstanding the provisions of the main sentence of Article 5 (2) of the Act on Collection and Use of Donations, the head of a responsible administrative agency prescribed by Presidential Decree may receive articles voluntarily entrusted (excluding money; hereafter the same shall apply in this Article) insofar as they conform to the purpose of business of such agency.
(2) The scope of entrusting articles receivable under paragraph (1), procedures for receiving the entrusted articles, and matters necessary for restricting the receipt thereof shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10436, Mar. 8, 2011]
CHAPTER III ESTABLISHMENT OF CENTRAL RESPONSIBLE ADMINISTRATIVE AGENCIES
Section 1 Heads of Central Responsible Administrative Agencies
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 Article 40 (Terms of Heads of Central Responsible Administrative Agencies)   print
The head of each central responsible administrative agency shall hold office for two years, and may be reappointed for one more term only.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 41 (Obligation of Heads of Central Responsible Administrative Agencies)   print
The head of each central responsible administrative agency shall faithfully fulfill the objectives given by the Prime Minister under Article 42 (1), and shall endeavor to improve the public benefit and operational efficiency of the agency, to raise the economic efficiency in its financial affairs and to improve the quality of service.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
Section 2 Operation and Assessment
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 Article 42 (Business Objectives, Business Operating Plan, etc.)   print
(1) The Prime Minister shall determine business objectives for each central responsible administrative agency concerning raising economic efficiency in financial affairs, enhancing level of services, rationalizing management, etc. and give them to the heads of central responsible administrative agencies.
(2) The heads of central responsible agencies shall establish a business operating plan and annual business plans by year in order to achieve the business objectives provided in paragraph (1), and shall submit them to the Prime Minister through the heads of the controlling central administrative agencies within the period prescribed by Presidential Decree.
(3) The annual business plans under paragraph (2) shall contain concrete objectives for business performance to be achieved by controlling central administrative agencies and an index with which objectively measure performance against the objectives.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 43 (Operational Deliberation Committee for Central Responsible Administrative Agency)   print
(1) A committee for the deliberation of operation of central responsible administrative agency (hereinafter referred to as "Operational Deliberative Committee") shall be established under the jurisdiction of the head of a central responsible administrative agency in order to assess business performance and to deliberate upon important matters concerning the operation of the agency.
(2) The Operational Deliberative Committee shall deliberate upon the following matters: <Amended by Act No. 10436, Mar. 8, 2011>
1. Matters concerning the establishment of business objectives;
2. Matters concerning the establishment and modification of business operating plans and annual business plans;
3. Matters concerning recommendations for discharge made by a controlling central administrative agency;
4. Other matters prescribed by Presidential Decree.
(3) The Operational Deliberative Committee shall be comprised of up to nine members, including a chairperson.
(4) The chairperson and members of the Operational Deliberative Committee shall be commissioned by the head of the central responsible administrative agency from among persons with abundant knowledge and experience relating to the administrative affairs of the central responsible administrative agency and persons recommended by non-governmental organizations (referring to non-profit non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act).
(5) The term of office of each member shall be two years.
(6) Matters concerning procedures, methods,timing, etc. of assessment under paragraph (1) shall be determined by the Steering Committee for responsible administrative agencies under Article 49.
(7) Except as otherwise prescribed by this Act, matters necessary for the composition and operation of the Operation Deliberative Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 44 Deleted. <by Act No. 9303, Dec. 31, 2008>   print
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 Article 45 (Utilization of Outcomes of Assessment)   print
(1) The head of each central responsible administrative agency shall reflect the outcomes of assessment under Article 43 (1) when improving operation of the agency.
(2) The head of each central responsible administrative agency shall publicly announce the outcomes of assessment on the central responsible administrative agency, as prescribed by Presidential Decree.
(3) The head of each central responsible administrative agency may grant privileges in personnel management, such as commendation, etc. of a public official who has contributed to the operation of the agency and to the improvement in business performance according to the outcomes of assessment.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
Section 3 Organization, Personnel Management and Budgeting
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 Article 46 (Organization and Quotas)   print
Matters concerning the organization and quotas of central responsible administrative agencies shall be as prescribed by the Government Organization Act and other Acts and subordinate statutes relating to government organizations.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 47 (Personnel Management)   print
(1) The head of each central responsible administrative agency shall have all authority to appoint public officials under his/her jurisdiction, except for those belonging to the Senior Civil Service, notwithstanding the provisions of Article 32 (1) and (2) of the State Public Officials Act or other Acts and subordinate statutes relating to the personnel management of public officials.
(2) Examination for appointment of public officials belonging to the central responsible administrative agency shall be administered by the head of the central responsible administrative agency: Provided, That if the head of the central responsible administrative agency recognizes it as necessary, he/she may administer all or part of the examination for appointment jointly with the head of another examination implementing agency or by entrusting it to the head of another agency prescribed by Presidential Decree.
(3) Except as otherwise prescribed in paragraphs (1) and (2), matters concerning the personnel management of public officials belonging to a central responsible administrative agency shall be prescribed by the State Public Officials Act or other Acts and subordinate statutes concerning the personnel management of public officials.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 48 (Budgeting and Accounting)   print
(1) The provisions of Section 5 of Chapter 2 (excluding Article 30 (4)) shall apply mutatis mutandis to matters concerning the budgeting and accounting of a central responsible administrative agency. In such cases, "the head of the central administrative agency" in Articles 29, 29-2, 33 (1) and (2), 34, 35 (3), 36 (2), and 39 (1) through (3) shall be respectively read as "the head of the central responsible administrative agency", and the "Deliberative Committee" in Articles 33 (1) and 38 (2) shall be respectively read as the "Operational Deliberative Committee." <Amended by Act No. 10436, Mar. 8, 2011>
(2) Notwithstanding the provisions of Article 35 (1), where the head of a central responsible administrative agency intends to use the surplus earnings in excess of the rate prescribed by Presidential Decree, he/she shall prepare a statement detailing the grounds and amount and consult with the Minister of Strategy and Finance in advance.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
CHAPTER IV ESTABLISHMENT, OPERATION, ETC. OF STEERING COMMITTEE FOR RESPONSIBLE ADMINISTRATIVE AGENCIES
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 Article 49 (Establishment, Functions, etc. of Steering Committee for Responsible Administrative Agencies)   print
(1) In order to deliberate upon important matters concerning whether to retain a responsible administrative agency, and concerning the improvement, etc. of system, a steering committee for responsible administrative agencies (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Public Administration and Security.
(2) The Committee shall deliberate upon the following matters: <Amended by Act No. 10436, Mar. 8, 2011>
1. Matters concerning the establishment and modification of mid-term management plans;
2. Matters concerning the establishment and discharge of a responsible administrative agency;
3. Matters concerning the selection of responsible administrative agencies operating with special accounts and responsible administrative agencies which may receive the entrusted articles under Article 39-2 (1);
4. Matters concerning the procedures, methods, deferment, etc. of assessing a responsible administrative agency;
5. Matters concerning the operation and improvement of system concerning a responsible administrative agency;
6. Other matters prescribed by Presidential Decree.
(3) The Minister of Public Administration and Security may recommend the head of the central administrative agency as to whether to retain an affiliated responsible administrative agency after consultation with the Minister of Strategy and Finance on the basis of the deliberation of the Committee and the outcomes of comprehensive assessment under Article 51.
(4) The Chairperson of the Committee shall report to the Prime Minister on matters deliberated upon whether to retain a responsible administrative agency and the outcomes of comprehensive assessment under Article 51.
(5) The Prime Minister may give directions on necessary mattersconcerning whether to retain the central responsible administrative agencies, and the improvement of systems, etc., by taking into account reported matters pursuant to paragraph (4).
[Newly Inserted by Act No. 9303, Dec. 31, 2008]
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 Article 50 (Organization and Operation of Committee)   print
(1) The Committee shall be comprised of up to 15 members, including a Chairperson and a Vice Chairperson.
(2) The Minister of Public Administration and Security shall be the Chairperson of the Committee, and shall commission the Vice Chairperson from among the members under paragraph (3) 2.
(3) Persons in the following subparagraphs shall be members of the Committee:
1. Public officials of vice ministerial rank in the relevant central administrative agencies prescribed by Presidential Decree;
2. Persons commissioned by the Minister of Public Administration and Security from among persons with abundant knowledge and experience relating to the administrative affairs of a responsible administrative agency.
(4) The terms of office of members referred to in paragraph (3) 2 shall be two years.
(5) Except as otherwise prescribed by this Act, matters concerning the organization and operation of the Committee, establishment of subcommittees, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9303, Dec. 31, 2008]
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 Article 51 (Comprehensive Assessment of Responsible Administrative Agencies)   print
(1) The Committee shall comprehensively assess responsible administrative agencies for the operation and improvement of responsible administrative agencies and judgment on whether such agencies shall exist: Provided, That the comprehensive assessments of an agency, the outcomes of comprehensive assessments of which for two consecutive years have been acknowledged as extraordinarily outstanding may be deferred for a period not exceeding two years, as prescribed by Presidential Decree. <Amended by Act No. 10436, Mar. 8, 2011>
(2) The Minister of Public Administration may assist assessment processes by organizing or designating a separate assessment team, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9303, Dec. 31, 2008]
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 Article 52 (Utilization of Outcomes of Comprehensive Assessment)   print
(1) The heads of responsible administrative agencies shall reflect the outcomes of comprehensive assessment conducted under Article 51 in the improvement of operation of the agencies.
(2) The Minister of Public Administration and Security shall publicly announce the outcomes of comprehensive assessment, as prescribed by Presidential Decree.
(3) The Minister of Public Administration and Security may take measures, such as giving commendation, paying rewards, etc. to excellent agencies according to the outcomes of comprehensive assessment.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
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 Article 53 (Special Cases concerning Assessment of Central Responsible Administrative Agencies)   print
Notwithstanding the provisions of Articles 43 and 51, the assessment of central responsible administrative agencies may be substituted with an assessment conducted under the Framework Act on Public Service Evaluation where grounds prescribed by Presidential Decree, such as where no comparable agency, etc. exists.
[This Article Newly Inserted by Act No. 9303, Dec. 31, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date prescribed by Presidential Decree, but, not beyond six months from the date of its promulgation: Provided, That the amended provisions of Chapter 6 (Articles 27 through 39) and Articles 2 through 4 of Addenda shall enter into force on January 1, 2000.
Article 2 Omitted.
Article 3 (Transitional Measures concerning Revenue, Expenditure and Settlement of Accounts)
(1) Previous provisions shall apply to the revenue, expenditure and settlement of accounts of the special accounts (hereinafter referred to as "previous special accounts") for the year 1999 that are amended by the provisions under Article 2 of the Addenda.
(2) The surplus in the settlement of accounts for the year 1999 of the previous special accounts shall be transferred to the revenue of the account of the special accounts of the responsible administrative agency for the year 2000.
Article 4 (Succession of Property, etc.)
The State property, articles, claims and liabilities belonging to the previous special account shall be succeeded by the account of the special accounts of the responsible administrative agency.
ADDENDA <Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
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.
ADDENDA <Act No. 6666, Mar. 25, 2002>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Devolvement of State Property, etc. to Special Accounts) The head of each central administrative agency shall devolve the State property and articles that are acknowledged as necessary for the operation of a responsible administrative agency from among the State property and articles that are occupied, used or managed by the affiliated responsible administrative agency to the special accounts within one month from the date of promulgation of this Act after consultation with the head of agency.
ADDENDUM <Act No. 7259, Dec. 30, 2004>
This Act shall enter into force on January 1, 2006: Provided, That the amended provisions of Articles 7 (3), 16 (1) and 30 (3) shall enter into force on July 1, 2005.
ADDENDUM <Act No. 7770, Dec. 29, 2005>
This Act shall enter into force on May 1, 2006: Provided, That the amended provisions of Articles 7 (5), 16 (limited to the matters concerning quotas and plans for quota), 19 (2) and 23 (1) shall enter into force on July 1, 2006, and the amended provisions of Article 48 shall enter into force on January 1, 2007, respectively.
ADDENDA <Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
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.
ADDENDA <Act No. 9280, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9303, Dec. 31, 2008>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Unification of Committees) Matters deliberated upon and assessed by the Steering Committee for affiliated responsible administrative agencies under the former Article 13 and by the Steering Committee for central responsible administrative agencies under the former Article 44 as at the time this Act enters into force shall be deemed deliberated upon and assessed by the Steering Committee for responsible administrative agencies under Article 49 of this Act.
ADDENDA <Act No. 10436, Mar. 8, 2011>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Enterprise-Type Responsible Administrative Agency) An enterprise-type responsible administrative agency provided for in the former Article 2 (3) 2 which existsas at the time this Act enters into force shall be deemed a responsible administrative agency operating with special accounts until December 31, 2011.
(3) (Transitional Measures concerning Cancellation of Employment Contracts) Notwithstanding the amended provisions of Article 8-2 (3) 2, the cancellation of an employment contract of the head of an agency shall be governed by the former provisions if a prosecution has already been brought against him/her for a criminal case as at the time this Act enters into force.
(4) Omitted.
ADDENDA <Act No. 10699, May 23, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.