CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to prescribe the outline for the establishment and organization of national administrative agencies and the scope of functions thereof in order to perform national administrative affairs systematically and efficiently.
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| Article 2 (Establishment, Organization, etc. of Central Administrative Agencies) |
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| (1) |
The establishment and scope of functions of central administrative agencies shall be prescribed by Acts. |
| (2) |
Except as specifically prescribed by this Act and other Acts, a central administrative agency shall be a Bu, Cheo or Cheong (Ministry or Agency). |
| (3) |
Except as specifically prescribed by this Act and other Acts, the subsidiary organs of a central administrative agency shall be Chagwan (Vice Minister), Chajang (Deputy Administrator), Siljang (Deputy Minister of an Office), Gukjang (Director General of a Bureau) and Gwajang (Director of a Division): Provided, That the titles of Siljang, Gukjang and Gwajang may be differently prescribed as Bonbujang (Head of a Headquarters Office), Danjang (Head of a Group), Bujang (Head of a Department), Teamjang (Team leader), etc., as prescribed by Presidential Decree; subsidiary organs of which titles have been prescribed differently shall be deemed Siljang, Gukjang or Gwajang if this Act is applicable. |
| (4) |
Except as prescribed by Acts, the establishment of subsidiary organs and the allocation of duties thereto pursuant to paragraph (3) shall be prescribed by Presidential Decree: Provided, That the establishment of a Gwa (Division) and the allocation of duties thereto may be prescribed by Ordinance of the Prime Minister or Ministerial Ordinance. |
| (5) |
Each Administrative Ministry may have a Chagwanbo (Assistant Minister), who shall directly assist the Minister and Vice Minister in matters that the Minister specifically instructs; each central administrative agency may have assisting agencies under the head of such administrative agency, Vice Minister, Deputy Administrator, Deputy Minister and Director General to assist them in formulating policies and plans, and conducting research, surveys, examinations, evaluation, publicity, etc., as prescribed by Presidential Decree: Provided, That an assisting agency corresponding to a Gwa may be prescribed by Ordinance of the Prime Minister or Ministerial Ordinance. |
| (6) |
The posts of Assistant Minister, Deputy Ministers and Director Generals of a central administrative agency and assisting agencies corresponding thereto shall be filled by public officials in general service or extraordinary service in the Senior Civil Service or public officials on a contractual basis; positions that can only be filled by public officials in special service shall be limited to where relevant Acts prescribe that such positions be filled by public officials in the Senior Civil Service; the number of Director Generals of each central administrative agency filled by public officials in extraordinary service shall be limited to one. And the grade of Director and assisting agency corresponding thereto shall be as prescribed by Presidential Decree. |
| (7) |
Notwithstanding paragraph (6), the posts of subsidiary organs, the Assistant Minister or assisting agencies of the Ministry of Foreign Affairs may be filled by foreign service officers; the posts of subsidiary organs or assisting agencies of the Ministry of Justice by public prosecutors; the posts of subsidiary organs, the Assistant Minister or assisting agencies of the Ministry of National Defense, and the posts of subsidiary organs or assisting agencies of the Military Manpower Administration or Defense Acquisition Program Administration by servicemen on active duty; the posts of subsidiary organs, the Assistant Minister or assisting agencies of the Ministry of Education by public educational officials; the posts of subsidiary organs or assisting agencies of the National Police Agency or the Korea Coast Guard by police officers, and the posts of subsidiary organs or assisting agencies of the National Emergency Management Agency by fire-fighting officers, as prescribed by Presidential Decree. |
| (8) |
Notwithstanding paragraphs (6) and (7), where expertise is deemed especially necessary in consideration of the nature of duties, positions of each central administrative agency prescribed by Presidential Decree may be filled by public officials on a contractual basis within 20/100. |
| (9) |
The posts of subsidiary organs and assisting agencies of administrative agencies that are not central administrative agencies and positions corresponding to those prescribed in the forepart of paragraph (6) from among seconded positions (referring to positions filled by seconded public officials) of administrative agencies shall be filled by public officials in the Senior Civil Service. |
| (10) |
Appropriate grades or classes of duty shall be allocated to the Assistant Ministers, subsidiary organs and assisting agencies of central administrative agencies prescribed by this Act and of non-central administrative agencies. |
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| Article 3 (Establishment of Special Local Administrative Agencies) |
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| (1) |
If the performance of duties so requires, each central administrative agency may have local administrative agencies under its jurisdiction as prescribed by Presidential Decree, unless otherwise prescribed by Acts. |
| (2) |
Where a local administrative agency under paragraph (1) deems that performance of duties after consolidating its duties with those of a central administrative agency is efficient in view of the relevance of duties or regional characteristics, it may perform combined duties, as prescribed by Presidential Decree. |
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| Article 4 (Establishment of Affiliated Institutes) |
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Pursuant to Presidential Decree, administrative agencies may establish test and research institutes, education and training institutes, cultural institutes, medical institutes, factories, consultative bodies, etc. if necessary for duties.
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| Article 5 (Establishment of Representative Administrative Agencies) |
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Where needs arise to perform part of duties independently, an administrative agency may establish a representative administrative agency, such as administrative committee, etc.
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| Article 6 (Delegation or Entrustment of Authority) |
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| (1) |
Administrative agencies may delegate some duties to subsidiary organs or subordinate administrative agencies, or entrust or delegate them to other administrative agencies, local governments, or subsidiary organs or subordinate administrative agencies thereof, as prescribed by Acts and subordinate statutes. In such cases, if social needs exist, agencies or organs delegated or entrusted with part of such duties may re-delegate part of delegated or entrusted duties to their subsidiary organs or subordinate administrative agencies, as prescribed by Acts and subordinate statutes. |
| (2) |
With respect to duties delegated pursuant to paragraph (1), a subsidiary organ shall implement duties in the capacity of administrative agency within the scope of delegation. |
| (3) |
An administrative agency may entrust its duties not directly public rights and obligations of the people, such as surveys, inspections, authentication, management, etc., to a juristic person or organization that is not a local government, an organ thereof or private person, as prescribed by Acts and subordinate statutes. |
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| Article 7 (Statutory Authority of Heads of Administrative Agencies) |
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| (1) |
The head of each administrative agency shall take overall charge of relevant duties, and direct and supervise public officials attached to his/her administrative agency. |
| (2) |
The Vice Minister or Deputy Administrator (including Vice Ministers of the Office for Government Policy Coordination; hereafter the same shall apply in this Article) shall assist the head of his/her agency, administer relevant duties and direct and supervise subordinate public officials, and perform the duties of the head of such agency on behalf of the head of such agency if the head of such agency is unable to perform duties due to an accident: Provided, That where the head of an agency having two Vice Ministers or two Deputy Administrators is unable to perform duties due to an accident, his/her duties shall be performed vicariously by a person in the order of precedence prescribed by Presidential Decree. |
| (3) |
The subsidiary organs of each administrative agency shall assist the head, Vice Minister, or Deputy Administrator of the agency, administer relevant duties and direct and supervise subordinate public officials. |
| (4) |
In cases falling under paragraphs (1) and (2), he/she may directly direct the head of subordinate Agency attached to his/her agency in formulating important policies. |
| (5) |
The head of a Ministry may request the Prime Minister to coordinate the duties of other administrative agencies connected with his/her duties if necessary for the efficient fulfillment of his/her duties. |
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| Article 8 (Prescribed Number, etc. of Public Officials) |
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| (1) |
The kinds and prescribed number of public officials to be assigned to each administrative agency, positions to be filled by public officials in the Senior Civil Service, prescribed number of public officials in the Senior Civil Service, standards and procedures for assigning public officials, and other necessary matters shall be prescribed by Presidential Decree: Provided, That the case of assigning public officials in political service to each administrative agency (excluding public officials in political service assigned to the Office of the President and the Office of National Security) shall be prescribed by Acts. |
| (2) |
In cases falling under paragraph (1), if managing the prescribed number of public officials by combining those of two or more administrative agencies is deemed efficient in consideration of the nature of duties, consolidated management may be allowed. |
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| Article 9 (Taking Actions in Parallel with Budgetary Measures) |
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If an administrative agency or affiliated agency is to be established or the prescribed number of public officials is to be increased, budgetary measures shall be taken in accordingly.
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| Article 10 (Government Delegates) |
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The Minister and Vice Ministers of the Office for Government Policy Coordination, and the Ministers, Vice Ministers, Administrators, Deputy Administrators, Deputy Ministers, Director Generals and Assistant Ministers of Ministries and Agencies shall be government delegates.
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| Article 11 (President's Administrative Supervisory Authority) |
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| (1) |
The President as the head of the Government shall direct and supervise the heads of all central administrative agencies, as prescribed by Acts and subordinate statutes. |
| (2) |
If the President deems any order or disposition issued by the Prime Minister or the head of a central administrative agency unlawful or unjust, he/she may suspend or cancel it. |
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| Article 12 (State Council) |
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| (1) |
The President as the Chairperson of the State Council shall call and chair the meetings of the State Council. |
| (2) |
Where the Chairperson is unable to perform his/her official duties due to an accident, the Prime Minister, who is the Vice Chairperson, shall perform such duties on behalf of the Chairperson; where both the Chairperson and the Vice Chairperson are unable to perform the official duties of the Chairperson due to an accident, the Deputy Prime Minister shall perform such duties on behalf of the Chairperson; where the Deputy Prime Minister is unable to perform duties, a member of the State Council according to the order of precedence prescribed in Article 26 (1) shall perform such duties on behalf of the Chairperson. |
| (3) |
The members of the State Council shall be public officials in political service, and may submit items for deliberation and discussion to the Chairperson and request the Chairperson to call a meeting of the State Council. |
| (4) |
Matters necessary for the operation of the State Council shall be prescribed by Presidential Decree. |
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| Article 13 (Right to Attend Meetings of State Council and Present Items for Deliberation and Discussion) |
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| (1) |
The Minister of the Office for Government Policy Coordination, Minister of Government Legislation, Minister of Patriots and Veterans Affairs, Minister of Food and Drug Safety and other public officials prescribed by Acts may attend the State Council and express their opinions if necessary. |
| (2) |
Public officials prescribed in paragraph (1) may propose that the Prime Minister submit items for deliberation and discussion related to their duties to the State Council. |
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| Article 14 (Office of the President) |
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| (1) |
Office of the President shall be established to assist the President in performing his/her official duties. |
| (2) |
The Office of the President shall have a Chief of Staff who is a public official in political service. |
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| Article 15 (Office of National Security) |
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| (1) |
Office of National Security shall be established to assist the President in performing his/her official duties concerning national security. |
| (2) |
The Office of National Security shall be headed by a public official in political service. |
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| Article 16 (Presidential Security Service) |
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| (1) |
Presidential Security Service shall be established to take charge of the security of the President. |
| (2) |
The Presidential Security Office shall be headed by a public official in political service. |
| (3) |
The organization and scope of functions of the Presidential Security Service and other necessary matters shall be prescribed by a separate Act. |
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| Article 17 (National Intelligence Service) |
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| (1) |
National Intelligence Service shall be established under the President to take charge of duties concerning information, maintenance of peace and order, and criminal investigations concerning national security. |
| (2) |
The organization and scope of functions of the National Intelligence Service and other necessary matters shall be prescribed by a separate Act. |
CHAPTER III PRIME MINISTER
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| Article 18 (Prime Minister's Administrative Supervisory Authority) |
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| (1) |
The Prime Minister shall direct and supervise the heads of central administrative agencies under orders from the President. |
| (2) |
Where an order or disposition issued by the head of a central administrative agency is deemed unlawful or unjust, the Prime Minister may suspend or revoke such order or disposition with the approval of the President. |
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| Article 19 (Deputy Prime Minister) |
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| (1) |
A Deputy Prime Minister shall be appointed to perform duties specifically commissioned by the Prime Minister. |
| (2) |
The Deputy Prime Minister shall be a member of the State Council. |
| (3) |
The Minister of Strategy and Finance shall concurrently hold the post of Deputy Prime Minister, and the Deputy Prime Minister shall take overall charge of and coordinate relevant central administrative agencies under order from the Prime Minister concerning economic policy. |
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| Article 20 (Office for Government Policy Coordination) |
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| (1) |
Office for Government Policy Coordination shall be established under the Prime Minister to assist him/her in administrative direction and supervision, coordination of policies, management of social risks and conflicts, evaluation of governmental duties, and regulatory reform. |
| (2) |
The Office for Government Policy Coordination shall have a Siljang (Minister), who is a public official in political service. |
| (3) |
The Office for Government Policy Coordination shall have two Chajang (Vice Ministers), who are public officials in political service. |
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| Article 21 (Office of Prime Minister) |
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| (1) |
The Office of the Prime Minister shall be established to assist the Prime Minister in performing his/her official duties. |
| (2) |
The Office of the Prime Minister shall have a Siljang (Vice Minister), who is a public official in political service. |
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| Article 22 (Vicarious Performance of Prime Ministerial Duties) |
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If the Prime Minister is unable to perform any of his/her official duties due to an accident, the Deputy Prime Minister shall perform such duties on behalf of the Prime Minister; if both the Prime Minister and the Deputy Prime Minister are unable to perform such duties, a designated member of the State Council shall perform such official duties on behalf of the Prime Minister, if a member has been designated by the President; if the President has not designated anyone, a member of the State Council in the order of precedence prescribed in Article 26 (1) shall perform such duties on behalf of the Prime Minister.
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| Article 23 (Ministry of Government Legislation) |
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| (1) |
In order to expertly administer the review of Bills, draft statutes, draft treaties, draft Ordinances of the Prime Minister, and draft Ministerial Ordinances to be submitted to the State Council and other duties concerning legislation, Ministry of Government Legislation shall be established under the Prime Minister. |
| (2) |
The Ministry of Government Legislation shall have a Minister and a Vice Minister; the Minister shall be a public official in political service and the Vice Minister shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
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| Article 24 (Ministry of Patriots and Veterans Affairs) |
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| (1) |
In order to administer duties concerning rewarding for persons with distinguished services to the State and their bereaved family members, compensation, protection and welfare of veterans and the enhancement of reward for distinguished services to the State, Ministry of Patriots and Veterans Affairs shall be established under the Prime Minister. |
| (2) |
The Ministry of Patriots and Veterans Affairs shall have a Minister and a Vice Minister; the Minister shall be a public official in political service and the Vice Minister shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
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| Article 25 (Ministry of Food and Drug Safety) |
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| (1) |
In order to administer duties concerning the safety of foods and drugs, Ministry of Food and Drug Safety shall be established under the Prime Minister. |
| (3) |
The Ministry of Food and Drug Safety shall have a Minister and a Vice Minister; the Minister shall be a public official in political service and the Vice Minister shall appointed from among public officials in extraordinary service in the Senior Civil Service. |
CHAPTER IV EXECUTIVE MINISTRIES
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| Article 26 (Executive Ministries) |
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| (1) |
The following executive Ministries shall be established under the control of the President: |
| 1. |
Ministry of Strategy and Finance; |
| 2. |
Ministry of Science, ICT and Future Planning; |
| 3. |
Ministry of Education; |
| 4. |
Ministry of Foreign Affairs; |
| 5. |
Ministry of Unification; |
| 7. |
Ministry of National Defense; |
| 8. |
Ministry of Security and Public Administration; |
| 9. |
Ministry of Culture, Sports and Tourism; |
| 10. |
Ministry of Agriculture, Food and Rural Affairs; |
| 11. |
Ministry of Trade, Industry and Energy; |
| 12. |
Ministry of Health and Welfare; |
| 13. |
Ministry of Environment; |
| 14. |
Ministry of Employment and Labor; |
| 15. |
Ministry of Gender Equality and Family; |
| 16. |
Ministry of Land, Infrastructure and Transport; |
| 17. |
Ministry of Oceans and Fisheries. |
| (2) |
Each Ministry shall have one Minister and one Vice Minister; the Ministers shall be appointed as member of the State Council, and the Vice Ministers shall be public officials in political service: Provided, That the Ministry of Strategy and Finance, the Ministry of Science, ICT and Future Planning, the Ministry of Foreign Affairs, the Ministry of Security and Public Administration, the Ministry of Culture, Sports and Tourism, the Ministry of Trade, Industry and Energy, and the Ministry of Land, Infrastructure and Transport shall each have two Vice Ministers. |
| (3) |
The Ministers shall direct and control the heads of local administrative agencies concerning relevant duties. |
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| Article 27 (Ministry of Strategy and Finance) |
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| (1) |
The Minister of Strategy and Finance shall administer duties concerning the establishment of mid- and long-term strategies for national development, formulation, overall control and coordination of economic and financial policies, formulation, execution and performance management of budgets and funds, currency, foreign exchange, National Treasury, government accounting, internal tax system, customs, international finance, management of public institutions; economic cooperation, State property, private investment and national debts. |
| (2) |
The Ministry of Strategy and Finance may have an Assistant Minister. |
| (3) |
In order to manage duties concerning the imposition, reduction and collection of internal taxes and exemption therefrom, National Tax Service shall be established under the Minister of Strategy and Finance. |
| (4) |
The National Tax Service shall have a Commissioner and a Deputy Commissioner; the Commissioner shall be a public official in political service and the Deputy Commissioner shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
| (5) |
In order to manage duties concerning the imposition, reduction and collection of customs duties and exemption therefrom, inspection of imports and exports, and regulation of smuggling, Korea Customs Service shall be established under the Minister of Strategy and Finance. |
| (6) |
The Korea Customs Service shall have a Commissioner and a Deputy Commissioner; the Commissioner shall be a public official in political service and the Deputy Commissioner shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
| (7) |
In order to administer duties concerning the procurement, supply, and management of goods (excluding military supplies) conducted by the Government, and contracts for the construction of important facilities of the Government, Public Procurement Service shall be established under the Minister of Strategy and Finance. |
| (8) |
The Public Procurement Service shall have an Administrator and a Deputy Administrator; the Administrator shall be a public official in political service and the Deputy Administrator shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
| (9) |
In order to administer duties concerning the establishment of statistical standards, conducting censuses, and various statistics, Korea National Statistical Office shall be established under the Minister of Strategy and Finance. |
| (10) |
The Korea National Statistical Office shall have a Commissioner and a Deputy Commissioner: the Commissioner shall be a public official in political service and the Deputy Administrator shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
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| Article 28 (Ministry of Science, ICT and Future Planning) |
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The Minister of Science, ICT and Future Planning shall administer duties concerning the formulation, overall control and coordination of policies on science and technology, research, development and promotion of science and technology and cooperation therein, training of science and technology personnel, research, development, production and utilization of nuclear energy, planning of national informatization, protection of information, information culture, fusion and promotion of broadcasting and communications, management of radio waves, information and communications industry, postal service, postal money orders and postal transfers.
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| Article 29 (Ministry of Education) |
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| (1) |
The Minister of Education shall administer duties concerning policies on the development of human resources, school education, lifelong education, and sciences. |
| (2) |
The Ministry of Education may have an Assistant Minister. |
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| Article 30 (Ministry of Foreign Affairs) |
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| (1) |
The Minister of Foreign Affairs shall administer duties concerning diplomacy, economic diplomacy, diplomacy for international economic cooperation, coordination of duties regarding international relations, treaties and other international agreements, protection of and support for Korean nationals abroad, formulation of policies on overseas Koreans and research and analysis of international circumstances. |
| (2) |
The Ministry of Foreign Affairs may have an Assistant Minister. |
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| Article 31 (Ministry of Unification) |
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The Minister of Unification shall administer policies on unification, and dialogue, exchanges and cooperation between the South and North, education on unification, and other duties on unification.
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| Article 32 (Ministry of Justice) |
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| (1) |
The Minister of Justice shall administer duties concerning prosecution, enforcement of sentences, protection of human rights, control of entry and departure into/from Korea, and other legal matters. |
| (2) |
In order to administer duties concerning public prosecutors, the Public Prosecutors' Office shall be established under the Minister of Justice. |
| (3) |
The organization and scope of functions of the Public Prosecutors' Office, and other necessary matters shall be prescribed by a separate Act. |
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| Article 33 (Ministry of National Defense) |
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| (1) |
The Minister of National Defense shall administer military administration, military command and other military duties. |
| (2) |
The Ministry of National Defense may have an Assistant Minister. |
| (3) |
In order to administer duties concerning enlistment, mobilization, and other duties of military administration, Military Manpower Administration shall be established under the Minister of National Defense. |
| (4) |
The Military Manpower Administration shall have an Administrator and a Deputy Administrator; the Administrator shall be a public official in political service and the Deputy Administrator shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
| (5) |
In order to administer duties concerning defense improvement projects, procurement of military supplies, and promotion of defense industry, Defense Acquisition Program Administration shall be established under the Minister of National Defense. |
| (6) |
The Defense Acquisition Program Administration shall have an Administrator and a Deputy Administrator; the Administrator shall be a public official in political service and the Deputy Administrator shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
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| Article 34 (Ministry of Security and Public Administration) |
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| (1) |
The Minister of Security and Public Administration shall administer duties concerning the formulation, overall management and coordination of policies on security and disaster, systems of emergency preparedness and civil defense, general affairs of the State Council, promulgation of Acts, subordinate statutes and treaties, government organization and prescribed number of public officials, personnel management, ethics, services and pension of public officials, awards and decorations, government reformation, administrative efficiency, electronic government, protection of personal information, maintenance of government buildings, local government systems, support for business, finance and taxation of local governments, support for underdeveloped regions, mediation of disputes among local governments, elections and referendums. |
| (2) |
State administrative affairs not falling under the jurisdiction of other central administrative agencies shall be administered by the Minister of Security and Public Administration. |
| (3) |
The Ministry of Security and Public Administration may have an Assistant Minister. |
| (4) |
In order to administer duties concerning public order and security, National Police Agency shall be established under the Minister of Security and Public Administration. |
| (5) |
The organization and scope of functions of the National Police Agency and other necessary matters shall be prescribed by a separate Act. |
| (6) |
In order to administer duties concerning fire fighting, disaster prevention, operation of civil defense and management of security, National Emergency Management Agency shall be established under the Minister of Security and Public Administration. |
| (7) |
The National Emergency Management Agency shall have an Administrator and a Deputy Administrator; the Administrator shall be a public official in political service or fire-fighting officer and the Deputy Administrator shall be appointed from among fire-fighting officers or State public officials in extraordinary service in the Senior Civil Service. In such case, either the Administrator or the Deputy Administrator shall be appointed from among fire-fighting officers. |
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| Article 35 (Ministry of Culture, Sports and Tourism) |
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| (1) |
The Minister of Culture, Sports and Tourism shall administer duties concerning culture, arts, video, advertisement, publishing, publications, sports, tourism, publicity of State affairs and Government announcements. |
| (2) |
The Ministry of Culture, Sports and Tourism may have an Assistant Minister. |
| (3) |
In order to administer duties concerning cultural property, Cultural Heritage Administration shall be established under the Minister of Culture, Sports and Tourism. |
| (4) |
The Cultural Heritage Administration shall have an Administrator and a Deputy Administrator; the Administrator shall be a public official in political service and the Deputy Administrator shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
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| Article 36 (Ministry of Agriculture, Food and Rural Affairs) |
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| (1) |
The Minister of Agriculture, Food and Rural Affairs shall administer duties concerning agriculture, livestock farming, foods, farmland, irrigation, promotion of food industry, development of farming villages and distribution of agricultural products. |
| (2) |
The Ministry of Agriculture, Food and Rural Affairs may have an Assistant Minister. |
| (3) |
In order to administer duties concerning the development of farming villages, Rural Development Administration shall be established under the Minister of Agriculture, Food and Rural Affairs. |
| (4) |
The Rural Development Administration shall have an Administrator and a Deputy Administrator; the Administrator shall be a public official in political service and the Deputy Administrator shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
| (5) |
In order to administer duties concerning forestry, Korea Forest Service shall be established under the Minister of Agriculture, Food and Rural Affairs. |
| (6) |
The Korea Forest Service shall have a Minister and a Deputy Minister: the Minister shall be a public official in political service, and the Deputy Minister shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
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| Article 37 (Ministry of Trade, Industry and Energy) |
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| (1) |
The Minister of Trade, Industry and Energy shall administer duties concerning commerce, trade, industry, trade relations, trade negotiations, overall management and coordination of trade negotiations, foreign investment, policies on the research and development of industrial technology, energy and underground resources. |
| (2) |
The Ministry of Trade, Industry and Energy may have an Assistant Minister. |
| (3) |
In order to administer duties concerning small, medium and strong medium enterprises, Small and Medium Business Administration shall be established under the Minister of Knowledge Economy. |
| (4) |
The Small and Medium Business Administration shall have an Administrator and a Deputy Administrator: the Administrator shall be a public official in political service and the Deputy Administrator shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
| (5) |
In order to administer duties concerning patents, utility models, designs and trademarks, and examinations and trials concerning such duties, the Korean Intellectual Property Office shall be established under the Minister of Trade, Industry and Energy. |
| (6) |
The Korean Intellectual Property Office shall have an Administrator and a Deputy Administrator; the Administrator shall be a public official in political service and the Deputy Administrator shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
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| Article 38 (Ministry of Health and Welfare) |
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The Minister of Health and Welfare shall administer duties concerning health, sanitation, prevention of epidemics, medical administration, pharmaceutical administration, relief of the needy, support for self-sufficiency, social security, children (including infant care), elderly persons and disabled persons.
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| Article 39 (Ministry of Environment) |
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| (1) |
The Minister of Environment shall administer duties concerning the conservation of natural and living environment and the prevention of environmental pollution. |
| (2) |
In order to administer duties concerning meteorology, Korea Meteorological Administration shall be established under the Minister of Environment. |
| (3) |
The Korea Meteorological Administration shall have an Administrator and a Deputy Administrator; the Administrator shall be a public official in political service, and the Deputy Administrator shall be appointed from among State public officials in extraordinary service in the Senior Civil Service. |
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| Article 40 (Ministry of Employment and Labor) |
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The Minister of Employment and Labor shall administer duties concerning overall employment policies, employment insurance, development and training of occupational capability, standards for working conditions, workers' welfare, coordination of labor-management relations, industrial safety and health, industrial accident compensation insurance, and other duties concerning employment and labor.
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| Article 41 (Ministry of Gender Equality and Family) |
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The Minister of Gender Equality and Family shall administer duties concerning the planning and consolidation of policies on women, improvement of women's status, such as promotion of women's rights and interests, juveniles and families (including duties concerning multi-cultural families and children for healthy family projects).
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| Article 42 (Ministry of Land, Infrastructure and Transport) |
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| (1) |
The Minister of Land, Infrastructure and Transport shall administer duties concerning the formulation and coordination of comprehensive plans for national land, conservation, utilization, and development of national land and water resources, construction of cities, roads and houses, coasts, rivers reclamation, overland transportation, railroads, and aviation. |
| (2) |
The Ministry of Land, Infrastructure and Transport may have an Assistant Minister. |
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| Article 43 (Ministry of Ministry of Oceans and Fisheries) |
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| (1) |
The Minister of Oceans and Fisheries shall administer duties concerning maritime policies, fisheries, development of fishing villages, distribution of marine products, maritime transportation, harbors, marine environment, ocean surveys, development of marine resources, research and development of marine science and technology, and adjudication on cases of maritime safety. |
| (2) |
In order to administer duties concerning policing the sea and prevention of marine pollution, Korea Coast Guard shall be established under the Minister of Oceans and Fisheries. |
| (4) |
The Korea Coast Guard shall have a Commissioner and a Deputy Commissioner, and such offices shall be staffed by police officers. |
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its promulgation. |
| (2) |
Amendments to Acts that were already promulgated before this Act enters into force, but not yet have entered into force among Acts amended pursuant to Article 6 of Addenda shall enter into force on the date the respective Act enters into force; however, the amended provisions of Article 47 (1) of the Pharmaceutical Affairs Act pursuant to paragraph (477) of Article 6 of Addenda and the amended provisions of Article 18 (1) of the Medical Devices Act pursuant to paragraph (481) of Article 6 of Addenda shall enter into force on the date prescribed by the Presidential Decree of relevant Act within one year after this Act enters into force. |
Article 2 (Exceptions to Appointment of Subsidiary Organs, Assistant Minister and Assisting Agencies of Ministry of Trade, Industry and Energy)
Notwithstanding Article 2 (7), foreign service officers may be assigned to the posts of subsidiary organs, Assistant Minister and assisting agencies in charge of duties concerning trade negotiations of the Ministry of Trade, Industry and Energy from the date this Act enters into force until March 1, 2015, as prescribed by Presidential Decree.
Article 3 (Transitional Measures concerning Duties in Charge, Public Officials, etc. Following Dissolution and Establishment of Organizations)
| (1) |
The duties of the heads of administrative agencies stated in the left column of the following table at the time this Act enters into force shall be succeeded by the heads of administrative agencies stated in the right column of the same table, respectively. |
| (2) |
Public officials (excluding those in political service) affiliated with the administrative agencies stated in the left column of the following table at the time this Act enters into force shall be deemed public officials affiliated with the administrative agencies stated in the right column of the same table; and public officials (excluding those in political service) affiliated with the administrative agencies to be dissolved pursuant to this Act, which are not stated in the left column of the following table, shall be deemed public officials affiliated with the administrative agencies prescribed by Presidential Decree. |
| (3) |
Ordinances of the Prime Minister or Ministerial Ordinances relating to the duties stated in the left column of the table under paragraph (1) at the time this Act enters into force shall be deemed Ordinances of the Prime Minister issued by the Prime Minister with whom agencies stated in the right column of the same table are affiliated, or Ministerial Ordinances issued by Ministers stated in the right column of the same table. |
Article 4 (Transitional Measures concerning Public Notification, Disposition and Continuing Acts Pursuant to Previous Acts)
Public notification, administrative disposition and other acts by administrative agencies and applications, reports and other acts relating to administrative agencies pursuant to Acts amended as prescribed in Article 6 of Addenda before this Act enters into force shall be deemed acts by administrative agencies or acts toward administrative agencies succeeding to the relevant duties according to the Acts amended as prescribed in Article 6 of Addenda, respectively.
Article 5 (Transitional Measures concerning Confirmation Hearings)
| (1) |
A request made by the President-elect for a confirmation hearing of a candidate for State Council member stated in the left column of the following table pursuant to Article 5 of the Presidential Transition Act before this Act enters into force shall be deemed a request for a confirmation hearing of such candidate for State Council member stated in the right column of the same table, respectively. |
| (2) |
Where a confirmation hearing of a candidate for State Council member stated in the left column of the table under paragraph (1) has been held at the request of the President-elect pursuant to Article 5 of the Presidential Transition Act before this Act enters into force, it shall be deemed that a confirmation hearing of a candidate for State Council member stated in the right column of the same table has been held. |
Article 6 Omitted.
Article 7 (Relationship with Other Acts and Subordinate Statutes following Dissolution and Establishment of Organizations)
Where other Acts and subordinate statutes (including Acts and subordinate statutes already promulgated before this Act enters into force, but enforcement date of which has not yet arrived) cite administrative agencies, heads of administrative agencies or public officials affiliated therewith, or Ordinances of the Prime Minister or Ministerial Ordinances of administrative agencies with regard to the duties stated in the left column of the table under Article 3 (1) of Addenda at the time this Act enters into force, it shall be deemed that administrative agencies, heads of administrative agencies or public officials affiliated therewith, or Ordinances of the Prime Minister or Ministerial Ordinances of administrative agencies stated in the right column of the same table have been cited, respectively.
