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ACT ON UNESCO ACTIVITIES

[Enforcement: Feb. 29, 2008] [Act No. 8852, Feb. 29, 2008, Amendment of Other Laws and Regulations]

Ministry of Education, Science and Technology (International Exchange and Cooperation Division) 02-2100-6570

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to prescribe matters required for letting Korean Government and people actively participate in the activities of the United Nations Educational, Scientific and Cultural Organization, in order to embody the noble spirit pursued by the United Nations Charter, the United Nations Educational Scientific and Cultural Organization Charter, and the Universal Declaration of Human Rights, as well as matters required for assisting such activities.

Article 2 (Definitions)

The term "UNESCO activities" in this Act means activities falling under each of the following subparagraphs, which are carried out to realize the purposes of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as the "UNESCO"):

1. Strengthening of international cooperation in the competent fields such as education, science and culture, as well as exchange of information and human resources;

2. Support for researches in the competent fields such as education, science and culture, as well as support for programs and projects; and

3. Other activities aimed to realize the purposes of UNESCO. CHAPTER II UNESCO ACTIVITIES

Article 3 (Objects of UNESCO Activities)

The objects of UNESCO activities in Korea is to enhance mutual understanding and friendship among different countries and cultures, and to diffuse new and diverse cultures and knowledge by facilitating international exchange and cooperation in the competent fields such as education, science and culture, thereby contributing to the establishment of world peace and improvement of welfare for human beings. Article 4 (International Cooperation for UNESCO Activities) UNESCO Activities in Korea shall be carried out through cooperation with international organizations, foreign governments and agencies and organizations falling under each of the following subparagraphs:

1. UNESCO;

2. United Nations, and specialized agencies of United Nations;

3. Governments of the member countries of UNESCO (hereinafter referred to as the "Member Countries") and National Commission established by respective Member Countries under Article 7 of the UNESCO Charter;

4. Agencies and organizations established under the agreements concluded between Korea and UNESCO; and

5. Other international organizations related to UNESCO activities, and the agencies and organizations of Member Countries.

Article 5 (UNESCO Activities by State and Local Government) The State and local governments shall carry out UNESCO activities by themselves or actively support cooperative programs and projects with the international organizations, etc. under each subparagraph of Article 4, in order to achieve the objectives under Article

3. In such cases, they shall work closely with the Korean National Commission for UNESCO under Article 7.

Article 6 (UNESCO Activities by People)

(1) People may participate in UNESCO activities by themselves or positively promote UNESCO activities, in order to accomplish the idea and objectives of UNESCO. In such cases, they shall work closely with the Korean National Commission for UNESCO under Article 7.

(2) The State and local governments shall, in case they deem it necessary, provide financial support for people's joining UNESCO activities within the limit of budget. CHAPTER III KOREAN NATIONAL COMMISSION FOR UNESCO Article 7 (Establishment of Korean National Commission for UNESCO) (1) The Korean National Commission for UNESCO (hereinafter referred to as the "Commission") shall be established to promote UNESCO activities in Korea under Article 7 of the UNESCO Charter, as well as to facilitate the linkage and cooperation between UNESCO and the Korean Government, specialized agencies and organizations in the competent fields such as education, science and culture. (2) The affairs concerning establishment and operation of the Commission shall be under the jurisdiction of the Minister of Education, Science and Technology.

Article 8 (Functions and Roles)

The Commission shall perform the following functions:

1. Stimulation of participation in UNESCO activities by the State, local governments, agencies and organizations in the fields related to UNESCO activities, as well as individuals;

2. Research and deliberation on matters required for setting up Government policies and concluding international agreements in relation to UNESCO activities, and recommendation and counseling to the heads of central administrative agencies concerned;

3. Deliberation on preparing agenda to be presented to UNESCO General Assembly, selecting representatives to be dispatched to the said Assembly, etc. and subsequent recommendation to the heads of central administrative agencies concerned;

4. Deliberation on matters concerning domestic implementation of matters resolved in international meetings related to UNESCO activities such as UNESCO General Assembly, and recommendation to the heads of central administrative agencies in relation to their implementation methods;

5. Cooperation with agencies and organizations at home and abroad related to UNESCO activities, and execution of businesses and activities related to UNESCO, and their coordination;

6. Management and operation of Korea UNESCO House, and other businesses to provide financial resources required for UNESCO activities; and

7. Other businesses required to facilitate UNESCO activities. Article 9 (Consultation on Affairs Related to Diplomatic Policy, Etc.) The Commission shall, in the cases where its affairs are related to the Government's foreign policies, consult with the Minister of Foreign Affairs and Trade, and the said Minister shall provide necessary information, opinions and convenience in relation to external operation of the Commission.

Article 10 (Organization of Commission, Etc.)

(1) The Commission shall consist of not more than 60 members including a chairman, five vice chairmen and a secretary-general.

(2) The Minister of Education, Science and Technology shall be the chairman of the Commission (hereinafter referred to as the "Chairman") and persons falling under each of the following subparagraphs shall be the vice chairmen:

1. Vice Minister of Education, Science and Technology;

2. Deleted

3. A Vice Minister of Foreign Affairs and Trade designated by the Minister of Foreign Affairs and Trade;

4. Vice Minister of Culture, Sports and Tourism;

5. A person elected at the general assembly under Article 15 (hereinafter referred to as the "General Assembly") from among the members of the Commission (hereinafter referred to as the "members");

(3) Members other than the Chairman, vice chairmen and secretary-general shall be the persons falling under any of the following subparagraphs, who are commissioned by the Minister of Education, Science and Technology from among those recommended by the Commission after undergoing deliberation by the executive committee under Article 18 (hereinafter referred to as the "Executive Committee"): Provided, that persons falling under subparagraph 3 shall not undergo deliberation by the Executive Committee and recommendation of the Commission:

1. Not more than 20 representatives selected by the agencies and organizations related to UNESCO activities;

2. Not more than 20 experts related to UNESCO activities;

3. Not more than six members of the National Assembly nominated by the Chairman of National Assembly;

4. Four persons from among the public officials recommended by the competent heads of central administrative agencies in relation to UNESCO activities; and

5. Four persons from among the public officials recommended by the heads of local governments in relation to UNESCO activities.

(4) Necessary matters concerning the commissioning of members under paragraph (3) shall be prescribed by the operating regulations of the Commission under Article 24 (hereinafter referred to as the "Operating Regulations"). (5) All the members of the Commission except secretary-general shall be non-standing. Article 11 (Duties of Chairman)

(1) The Chairman shall exercise overall control of the Commission affairs and represent the Commission.

(2) The vice chairmen of the Commission (hereinafter referred to as "Vice Chairman") shall assist the Chairman, and in the case where the Chairman is unable to perform his/her duties due to inevitable cause, a Vice Chairman nominated by the Chairman shall perform the Chairman's duties vicariously.

Article 12 (Term of Office for Members, Etc.)

(1) Term of office for the members commissioned under Article 10 (3) shall be three years, which may be renewed just once for another three years. (2) In the case where any member commissioned under Article 10 (3) has resigned or is released from commission under Article 13 during tenure of office, the Minister of Education, Science and Technology shall re-commission a succeeding member without delay. In such case, term of office for the newly commissioned member shall be the remaining period of his/her predecessor. Article 13 (Reasons for Disqualification of Members, Etc.) (1) A person falling under any subparagraph of Article 33 of the State Public Officials Act shall not be a member of the Commission.

(2) A member who has fallen under paragraph (1) during his/her tenure of office, or a member under subparagraph 1, and 3 through 5 of Article 10 (3) who has resigned his/her original post, shall be subject to release from the membership in due course. (3) The Minister of Education, Science and Technology may, subject to deliberation by the Executive Committee, release a member if he/she has fallen under any subparagraph hereunder:

1. Where the member is unable to perform his/her duties due to a mental and physical disorder ; and

2. Where the member has committed illegal activities in connection with his/her duties, or has disgraced himself/herself seriously.

Article 14 (Auditor)

(1) The Commission shall have two auditors in order to audit the operations and accounts of the Commission.

(2) Holding dual positions of auditor and member shall be prohibited. (3) The auditors are elected at the General Assembly after undergoing deliberation by the Executive Committee.

(4) Term of office for the auditors shall be two years, which is renewable. (5) Persons falling under any subparagraph of Article 33 of the State Public Officials Act shall not be an auditor. In this connection, if an auditor has fallen under any subparagraph of Article 33 of the State Public Officials Act during tenure of office, he/she shall be subject to dismissal in due course.

(6) The General Assembly may, in case an auditor has fallen under any subparagraph of Article 13 (3), dismiss him/her after undergoing deliberation by the Executive Committee. (7) When an auditor has been dismissed under paragraphs (5) and (6), the General Assembly shall select a succeeding auditor within three months from the dismissal under paragraph (3). In such cases, term of office for the new auditor shall be the remaining period of his/her predecessor.

(8) The auditors shall be non-standing.

(9) The auditor shall submit audit report on the operations and accounts of the Commission to the General Assembly every year.

(10) Necessary matters concerning the method, period, procedure, etc. of audit shall be prescribed by the Operating Regulations.

Article 15 (General Assembly)

(1) The Commission shall have General Assembly in order to deliberate and resolve important matters of the Commission.

(2) The General Assembly shall be composed of all the members. (3) The General Assembly shall be divided into regular General Assembly and special General Assembly, and regular General Assembly shall convene by the Chairman once a year as prescribed by the Operating Regulations, and special General Assembly shall convene by the Chairman when he/she deems it necessary or when demanded by not less than ten members.

Article 16 (Function of General Assembly)

The General Assembly shall deliberate and resolve matters falling under each of the following subparagraphs:

1. Draft budget and business plan of the Commission;

2. Accounts settlement and business results of the Commission;

3. Election of Vice Chairmen under subparagraph 5 of Article 10 (2) and Executive Committee members under subparagraph 2 of Article 18 (2);

4. Appointment and dismissal of auditors;

5. Matters concerning the Operating Regulations;

6. Matters referred to General Assembly by the Chairman, General Assembly or Executive Committee for the deliberation and resolution thereof; and

7. Other matters determined by this Act as pertaining to the jurisdiction of General Assembly.

Article 17 (Operation of General Assembly, Etc.)

(1) The Chairman shall preside over the General Assembly, and in case where the Chairman is unable to perform his/her duties due to unavoidable circumstances in the General Assembly, a Vice Chairman nominated by the Chairman shall perform the chairman' s duties vicariously.

(2) The General Assembly shall open with the attendance of a majority of its members and resolve with theconsent of a majority of its members present. (3) Other matters required for operation of the General Assembly shall be prescribed by the Operating Regulations.

Article 18 (Executive Committee)

(1) The Commission shall have Executive Committee to assist the deliberation of General Assembly, and to deliberate and resolve on execution of matters delegated and resolved by the General Assembly.

(2) The Executive Committee shall consist of members falling under each of the following subparagraphs (hereinafter referred to as the "Executive Committee member"):

1. Chairman, Vice Chairmen and secretary-general;

2. Ten persons selected at General Assembly, from among the members commissioned under subparagraphs 1 and 2 of Article 10 (3); and

3. Two persons nominated by the Chairman, from among the members commissioned under subparagraph 4 of Article 10 (3).

(3) In the cases where a member under subparagraph 2 of paragraph (2) has been released from commission under Article 13, the General Assembly shall elect his/her successor within three months therefrom.

(4) The Chairman and Vice Chairmen shall be chairman and vice chairmen of the Executive Committee respectively.

(5) Meetings of the Executive Committee shall convene as divided into regular meeting and special meeting: Provided, that regular meeting shall convene once every three months, and special meeting shall convene by the chairman of Executive Committee when the chairman deems it necessary or when demanded by not less than five members of the Executive Committee.

(6) The provisions of Article 17 shall apply mutatis mutandis to the operation, etc. of the Executive Committee. In this case, the term "General Assembly" shall be regarded as "Executive Committee" respectively.

Article 19 (Functions of Executive Committee)

The Executive Committee shall deliberate matters falling under each of the following subparagraphs:

1. Preparation of agenda to be presented to the General Assembly;

2. Formulation of execution plan for matters resolved at the General Assembly, and supervision of their execution;

3. Matters delegated by the General Assembly;

4. Matters on appointment and dismissal of auditors;

5. Matters on commissioning and/or release from members thereof;

6. Matters on recommending secretary-general; and

7. Other matters belonging to the authority of the Executive Committee under this Act. Article 20 (Subcommittee, Etc.)

(1) The Commission may, subject to resolution of the General Assembly, have subcommittees consisting of members as well as specialized committees consisting of experts, in order to efficiently implement the activities of the Commission. (2) Necessary matters concerning creation, organization and operation of subcommittees and specialized committees under paragraph (1) shall be prescribed by the Operating Regulations.

Article 21 (Payment of Actual Costs)

Actual cost, including out-of-pocket expenses spent in performing duties, may be paid to members and auditors as well as specialized committee members under Article 20, as prescribed by the Operating Regulations within the limit of budget. Article 22 (Secretariat)

(1) The Commission shall have a secretariat to deal with administrative affairs of the Commission.

(2) The Secretariat shall have a secretary-general and necessary staff members. (3) The secretary-general shall be appointed by the Chairman upon recommendation of the Executive Committee, and matters required for the appointment shall be determined by the Operating Regulations.

(4) The secretary-general shall, under guidance and supervision of the Chairman, exercise overall control of the secretariat affairs.

(5) Term of office for the secretary-general shall be four years, which is renewable just once for another term.

(6) Necessary matters concerning appointment and dismissal of staff members of the secretariat, remuneration for secretariat-general and the staff members, etc. shall be prescribed by the Operating Regulations.

Article 23 (Report)

The secretary-general shall report on matters falling under each of the following subparagraphs to the Minister of Education, Science and Technology:

1. Budget and accounts settlement of the Commission;

2. Audit result related to Article 14 (9). Article 24 (Operating Regulations)

The Chairman may, subject to resolution of the General Assembly, prescribe matters required for operation of the Commission in the form of the Operating Regulations. ADDENDA (Government Organization Act) Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, that ...... ..... Among the laws amended in accordance with Article 6 of Addenda, the amended parts of the law which was announced before enforcement of this Act but has not enforced yet shall become effective from the enforcement date of the concerned law. Articles 2 through 5 Omitted.

Article 6 (Amendment of Other Law)

through <88> Omitted

<89> The Act on UNESCO Activities shall be partially amended as follows: The term "Minister of Education and Human Resources" in Article 7 (2) shall be amended to "Minister of Education, Science and Technology." The term "Minister of Education and Human Resources" in Article 10 (2) (part other than subparagraphs) shall become "Minister of Education, Science and Technology," and subparagraphs 1, 3 and 4 of the same Article shall each become as follows, and subparagraph 2 of the same Article shall be deleted:

1. Vice Minister of Education, Science and Technology;

3. A Vice Minister of Foreign Affairs and Trade designated by the Minister of Foreign Affairs and Trade;

4. Vice Minister of Culture, Sports and Tourism; The term "Minister of Education and Human Resources" in Article 10 (3) (main sentence of part other than subparagraphs), the foregoing part of Article 12 (2), Article 13 (3) (part other than subparagraphs) and Article 23 (part other than subparagraphs) shall each be amended to "Minister of Education, Science and Technology." <90> through <760> Omitted.

Article 7 Omitted.