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BOARD OF AUDIT AND INSPECTION ACT

BOARD OF AUDIT AND INSPECTION ACT

CHAPTER ORGANIZATION

SECTION 1 General Provisions

Article 1 (Purpose)

The purpose of this Act is to stipulate the organization and the scope of official duties of the Board of Audit and Inspection (hereinafter referred to as the "BAI"), the qualifications for Commissioners, the scope of agencies and public officials subject to audit and inspection, and other necessary matters. Article 2 (Status)

(1) The BAI shall be established under the President, but shall retain an independent status in regard to its duties.

(2) The BAI's independence in the appointment and dismissal of officials, its organization, and the formulation of its budget must be respected to the greatest extent.

Article 3 (Composition)

The BAI shall be composed of seven Commissioners including the Chairman of the BAI (hereinafter referred to as the "Chairman"). [This Article Wholly Amended by Act No. 4937, Jan. 5, 1995] Article 4 (Chairman)

(1) The Chairman shall be appointed by the President with the consent of the National BOARD OF AUDIT AND INSPECTION ACT

Assembly.

(2) The Chairman shall represent the BAI, and direct and supervise public officials assigned thereto.

(3) In case the Chairman is unable to perform his duties due to accident, the Commissioner who has held office for the longest period shall act in the office of the Chairman. Provided that there are two or more Commissioners whose time of service is equal to each other, the senior in age shall act in the office of the Chairman.

(4) In order to provide the Chairman with advice and suggestions as requested, advisory bodies may be established in the BAI.

(5) Matters concerning the composition and operation of the advisory bodies as referred to in paragraph (4) shall be determined by the Regulation of the BAI.

SECTION 2 Commissioners

Article 5 (Appointment and Remuneration)

(1) A Commissioner shall be appointed by the President on the recommendation of the Chairman.

(2) A Commissioner shall be a public official in political service and his or her remuneration shall be the same amount as that of Vice-Minister of the Executive Branch, provided, however, that the remuneration of the Commissioner who is the Chairman shall be determined by the Presidential Decree within the range between the remuneration of the Prime Minister and that of a State Council member.

Article 6 (Term of Office and Age Limit)

(1) The term of office of a Commissioner shall be four years. (2) A Commissioner shall cease to hold office upon attaining the age of sixty-five years. But the Commissioner who is the Chairman shall cease to hold office upon attaining the age of seventy years. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 7 (Qualifications for Appointment)

A Commissioner shall be appointed from among those who fall under any of the following subparagraphs:

1. A person who has served for eight years or longer as a member of the Senior Civil Service under Article 2-2 of the State Public Officials Act (including the Board of Audit and Inspection's Senior Civil Service provided for in Article 17-2 of this Act) or as a public official of Grade or higher;

2. A person who has served for ten years or longer as a judge, public prosecutor, military judge advocate officer or an attorney at law;

3. A person who has served for eight years or longer as an associate professor or higher at an accredited college or university; and

4. A person who has worked for twenty years or longer, during which he has served as an executive for five years or longer for any such stock-listed corporation as provided for in subparagraph 3 of paragraph (15) of Article 9 of the Capital Market and Financial Investment Business Act or any such government-invested institution as provided for in paragraph (1) of Article 2 of the Framework Act on the Management of Government-Invested Institutions.

Article 8 (Guarantee of Status)

(1) A Commissioner shall not be dismissed against his will unless he falls under any of the following subparagraphs:

1. Where an impeachment has been declared against him or he has been sentenced to imprisonment without prison labor or heavier; or

2. Where he is unable to perform his duties due to long-term mental or physical weakness.

(2) A Commissioner shall retire from office ipso facto in case of subparagraph 1 of paragraph (1), and in case of subparagraph 2, the President shall order retirement of a Commissioner upon the recommendation of the Chairman following a decision of the Council of Commissioners. Article 9 (Prohibition of Concurrently Holding Other Offices) A Commissioner may neither, while he is in office, concurrently hold any of the following offices nor operate a profit-making business:

1. A member of the National Assembly or local council;

2. Public official of administrative agencies;

3. Executive officer or personnel of the organization subject to audit and inspection pursuant to this Act; or

4. Any office or position for which remuneration is paid. Article 10 (Prohibition of Political Activities)

A Commissioner shall not be allowed to be affiliated with a political party or to be involved in political activities.

BOARD OF AUDIT AND INSPECTION ACT

SECTION 3 Council of Commissioners

Article 11 (Chairman and Decision)

(1) The Council of Commissioners shall be composed of all Commissioners including the Chairman who shall preside over the meeting of the Council.

(2) The Council of Commissioners shall reach a decision by a majority vote of of the Commissioners on the register.

Article 12 (Matters for Decision)

(1) The following matters shall be decided by the Council of Commissioners:

1. Matters concerning the audit and inspection policies and the major audit and inspection plans of the Board of Audit and Inspection;

2. Matters concerning the confirmation of settlement of accounts under Article 21;

3. Matters concerning the adjudication on liability for reparation under Article 31;

4. Matters concerning the requests for disciplinary action or reprimand under Article 32;

5. Matters concerning the requests for correction, etc. under Article 33;

6. Matters concerning the requests for improvement under Article 34;

7. Matters concerning recommendations, etc. under paragraph (1) of Article 34-2;

8. Matters concerning re-examination under Articles 36, 38 and 39;

9. Matters concerning the annual report on the examination of settlement of accounts under Article 41 and interim reports under Article 42;

10. Matters concerning the decisions on claims for review under Article 46;

11. Matters concerning the expression of opinions under Article 49;

12. Matters concerning enactment, amendment and repeal of the Board of Audit and Inspection Regulations;

13. Matters concerning the budget request and the settlement of accounts of the Board of Audit and Inspection;

14. Matters concerning the exemption from audit and inspection under Article 28;

15. Matters concerning audit and inspection by proxy uner Article 50-2; and

16. Other matters referred by the Chairman. (2) Minor matters under subparagraphs 5, 7, 8, 10, and 11 of paragraph (1) which are prescribed by BAI Regulations may be disposed of by the Chairman. Article 12-2 (Committees, etc.)

(1) Committees and subcommittees may be established within the Council of Commissioners.

(2) Matters concerning the composition and operation of committees and subcommittees under the provisions of paragraph (1) shall be prescribed by the Board of Audit and Inspection Regulations.

[This Article Newly Inserted by Act No. 4937, Jan. 5, 1995] Article 13 (Preparation of Agenda)

(1) The Secretary General shall, upon the order of the Chairman, prepare agenda for and attend the meetings of the Council of Commissioners to explain the agenda and to state his opinions, and administer the affairs concerning the meetings of the Council.

(2) Staff personnel concerned with the agenda may, with an approval of the Council of Commissioners, attend the meeting of the Council of Commissioners and may state their own opinions.

Article 13-2 (Right of Interested Parties to State Opinion) When the Council of Commissioners deliberates matters falling under the category of subparagraphs 3 and 8 of paragraph (1) of Article 12, the Council must give the other party and relevant individuals an opportunity to present their opinions, either in writing, by means of e-document or in person, in accordance with the Board of Audit and Inspection Regulations.

[This Article Newly Inserted by Act No. 4937, Jan. 5, 1995] Article 14 (Witness and Appraiser/Expert)

(1) The Council of Commissioners may, when necessary for deliberation, request the person concerned or witnesses to appear before the Council and may question them, and may request a person of knowledge and experience to give an expert opinion or appraisal.

(2) The provisions of Chapters 12 and 13 of Part of the Act of Criminal Procedures shall apply mutatis mutandis to the witness or appraiser/expert mentioned in the foregoing paragraph, provided, however, that Article 151 of the said Act and the provisions concerning arrest shall not apply mutatis mutandis.

Article 15 (Exclusion of Commissioner)

(1) A Commissioner may not be allowed to participate in the deliberation of the following matters:

1. Matters in which the Commissioner himself is involved;

2. Matters in which a person who is or was a relative of a Commissioner is involved;

3. Matters in which the Commissioner stands witness or appraiser/expert for the person involved; or

BOARD OF AUDIT AND INSPECTION ACT

4. Matters in which the Commissioner, before his appointment as a Commissioner, had participated for investigation or inspection. (2) In case a decision for impeachment is rendered against a Commissioner, or Commissioner is subject to a criminal trial, his exercise of power shall be suspended until the decision for impeachment or a court decision becomes final and conclusive. SECTION 4 Secretariat

Article 16 (Duties and Organization)

(1) A Secretariat shall be established within the BAI in order to conduct audit, inspection, and to investigate claims, and to perform administrative work of the BAI, under the direction and supervision of the Chairman.

(2) The Secretariat shall have the chiefs of its offices and bureaus, and may, if necessary, establish subsidiary organs as determined by the BAI Regulations under its control. In this case, the chiefs of offices or bureaus may be differently named, for instance, the heads of the headquarters, groups, departments or teams, under the provisions of the BAI Regulations, and differently-named subsidiary organs shall be deemed the chiefs of offices or bureaus in the application of this Act.

(3) The establishment of the chiefs of offices and bureaus and other subsidiary organs under paragraph (2) and the division of their duties shall be determined by the BAI Regulations. (4) Assistant organs may be established under the control of the Chairman, Secretary General, and chiefs of offices and bureaus to assist them through planning policies, devising plans, and conducting study and research, reviews and appraisals, public relations, etc. under the provisions of the BAI Regulations.

Article 16-2 (Open-Type Positions)

(1) With respect to any position for which it is necessary to appoint a qualified person from inside or outside the public service especially for meeting expertise or performing duties efficiently, the Chairman may designate such a position as an open-type position. A BAI's Senior Civil Service position to which a public official in contractual service may be appointed in accordance with the BAI Regulations (excluding subsidiary organs established under the control of the chiefs of offices and bureaus) shall be deemed to be an open-type position. (2) With respect to the open-type positions as prescribed in paragraph (1), the Chairman shall determine requirements for such a position in consideration of the details, peculiarity, etc. of duties, and shall appoint those persons who meet the said requirements or recommend their appointment.

(3) When it is intended to designate or change an open-type position or to determine or modify requirements for such a position, it shall be subject to a resolution by the Council of Commissioners.

(4) Necessary matters concerning the management, etc. of open-type positions shall be determined by the BAI Regulations.

[This Article Newly Inserted by Act No. 8132, Dec. 28, 2006] Article 16-3 (Publicly Recruited Positions)

(1) With respect to any position for which it is necessary to appoint a qualified person from among public officials inside or outside the BAI for performing its duties efficiently, the Chairman may designate and manage such a position as a publicly recruited position.

(2) With respect to the publicly recruited positions as prescribed in paragraph (1), the Chairman shall determine requirements for such positions in consideration of the details, peculiarity, etc. of duties, and shall appoint those persons who meet the said requirements or recommend their appointment. (3) When it is intended to designate or change a publicly recruited position or to determine or modify requirements for such a position, it shall be subject to a resolution by the Council of Commissioners.

(4) Necessary matters concerning the management, etc. of publicly recruited positions shall be determined by the BAI Regulations.

[This Article Newly Inserted by Act No. 8132, Dec. 28, 2006] Article 17 (Staff Personnel)

(1) There shall be one Secretary General and two Deputy Secretary Generals, and other necessary officials in the Secretariat.

(2) The number of staff personnel shall be determined within the scope of the budget by the BAI Regulations with the approval of the President.

Article 17-2 (Composition and Management of BAI's Senior Civil Service) (1) The BAI's Senior Civil Service shall be formed in order to enhance the expertism and responsibility of audit and inspection by efficiently managing the personnel affairs of the public officials who belong to the BAI's Senior Civil Service. (2) The term "BAI's Senior Civil Service" means the group of Deputy Secretaries General, President of the Audit and Inspection Training Institute, President of the Audit and Inspection Research Institute, and the chiefs of offices and bureaus who belong to the BAI or of the assistant organs equivalent to the aforesaid positions, and public officials in general service, public officials in special service, and public officials in contractual service, who are presently working, seconded or suspended from duties after having being appointed to the positions of BAI's Senior Civil Service in accordance with the BAI's Regulations, which call for the performance of highly difficult duties and the maintenance of the high level of responsibility.

(3) The Chairman shall set standards for abilities and traits needed for the BAI's Senior Civil Service and may utilize such standards to evaluate persons who desire to be appointed to the positions of the BAI's Senior Civil Service and to manage BAI's Senior Civil Service personnel affairs including new appointments, promotions, etc.

(4) Necessary matters concerning the scope of managing the personnel affairs referred to in the provisions of paragraph (2) and the details of the abilities and traits, the scope of persons subject to the evaluation, ways to perform the evaluation, the utilization of the result of the evaluation, etc. referred to in the provisions of paragraph (3) shall be prescribed by the BAI's Regulations.

(5) Except as especially prescribed by this Act, the provisions of the State Public Officials Act governing the Senior Civil Service shall apply mutatis mutandis with respect to the BAI's Senior Civil Service formed pursuant to paragraphs (1) and (2). In this case, the "Senior Civil Service" shall be deemed the "BAI's Senior Civil Service".

[This Article Newly Inserted by Act No. 8132, Dec. 28, 2006] Article 17-3 (Examination of Qualifications)

(1) Where any public official in general service who belongs to the BAI's Senior Civil Service falls under any one of the following subparagraphs, he shall undergo the examination performed to determine whether he is qualified as a public official of the BAI's Senior Civil Service (hereinafter referred to as the "examination of qualifications"):

1. When every five years lapse from the date on which he is appointed as a public official of the BAI's Senior Civil Service. With respect to any person, however, who is appointed during the relevant period to an open-type position provided for in the provisions of Article 16-2 or a publicly recruited position provided for in the provisions of Article 16-3, it means when five years lapse from the date on which he is so appointed;

2. When he has been given the lowest grade in the evaluation of work performance for two consecutive years or for three years or more in total; and

3. When he has not been assigned to a position for a total of two years without the justifiable grounds that are prescribed by the BAI Regulations. (2) The examination of qualifications referred to in the provisions of subparagraph 1 of paragraph (1) shall be conducted within six months from the date on which the grounds thereof accrue and the examination of qualifications referred to in the provisions of subparagraphs 2 and 3 of paragraph (1) shall be conducted within three months from the date on which the grounds thereof accrue. (3) The examination of qualifications shall be performed on the basis of the evaluation of work performance and abilities and the person falling under any one of the following subparagraphs, who is judged to be difficult to perform his duty as a public official who belongs to the BAI's Senior Civil Service under the conditions as prescribed by the BAI's Regulations, shall be disqualified:

1. The person who falls under the grounds referred to in the provisions of subparagraph 1 of paragraph (1), whose work performance or non-assignment period, etc. are so bad or long that he falls under the grounds referred to in subparagraphs 2 and 3 of paragraph (1); and

2. The person who falls under the grounds referred to in subparagraphs 2 or 3 of paragraph (1).

(4) The BAI's Senior Civil Service Qualifications Examination Committee mandated to conduct the examination of qualifications shall be set up within the BAI. (5) The BAI's Senior Civil Service Qualifications Examination Committee shall be composed of not less than five members who are public officials in political service working with the BAI, public officials of the BAI's Senior Civil Service, external persons who are recommended by the Chairman of the BAInspection, etc., and the Chairman of the BAI shall concurrently serve as the chairman of the BAI's Senior Civil Service Qualifications Examination Committee. (6) Necessary matters concerning the composition and operation of the BAI's Senior Civil Service Qualifications Examination Committee, the utilization of results of the examination of qualifications, etc. shall be prescribed by the BAI's Regulations. [This Article Newly Inserted by Act No. 8132, Dec. 28, 2006] Article 18 (Appointment and Dismissal of Staff Personnel) (1) The Secretary General, public officials of the BAI's Senior Civil Service, and staff personnel of Grade 4 or higher shall be appointed or dismissed by the President upon the recommendation of the Chairman following a decision of the Council of Commissioners.

(2) Staff personnel of Grade 4 shall be appointed or dismissed by the President upon the recommendation of the Chairman, and staff personnel of Grade 6 or lower shall be appointed or dismissed by the Chairman.

(3) The inspection of BAI's personnel management shall, in spite of paragraph (1) of Article 17 of the State Public Officials Act, be conducted by the Secretary General under the instruction of the Chairman, and the results of the inspection shall be processed in accordance with the procedure established by the BAI.

Article 18-2 (Establishment of Disciplinary Committees) (1) In order to reach decisions regarding any disciplinary actions to be taken on any of the BAI's personnel, disciplinary committees shall be established within the BAI, and its composition, types, powers, deliberation procedures and other necessary matters shall be determined by the BAI's regulations. (2) Decisions on disciplinary actions shall be made by a disciplinary committee, and the actions shall be taken by the Chairman. However, discharge from employment and dismissal from office of public officials of the BAI's Senior Civil Service or ths staff personnel of Grade 5 or higher shall be decided by the President, upon the recommendation of the Chairman following a decision of the disciplinary committee.

[This Article Newly Inserted by Act No. 4937, Jan. 5, 1995] Article 19 (Secretary General and Deputy Secretary General) (1) Secretary General shall be a political appointee, and Deputy Secretary General shall be a public official in special service.

(2) The Secretary General shall, by order of the Chairman, administer affairs of the Secretariat and shall direct and supervise personnel under his jurisdiction.

(3) Deputy Secretary Generals shall assist the Secretary General, and if the Secretary General is unable to perform his duties, a Deputy Secretary General shall act on behalf of him.

(4) The remuneration of the Secretary General shall be the same amount as that of the Vice-Minister; and that of the Deputy Secretary General, as that of the Deputy Minister.

[This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] SECTION 5 Audit and Inspection Training Institute Article 19-2 (Duties and Organization)

(1) For the purpose of the education of the employees belonging to the BAI, and of internal audit and inspection staff and accounting officials of those entities subject to audit and inspection under this Act, the Audit and Inspection Training Institute shall be established within the BAI. (2) Matters concerning the organization and operation of the Audit and Inspection Training Institute shall be determined by the BAI Regulations. [This Article Newly Inserted by Act No. 4937, Jan. 5, 1995] Article 19-3 (Staff Personnel)

(1) The Audit and Inspection Training Institute shall have a President and other necessary personnel.

(2) The President shall be appointed from among the public officials in general service who belong to the BAI's Senior Civil Service.

(3) The provisions of Articles 16-2, 16-3, 17 (2) and 18 (1) and (2) shall be applicable mutatis mutandis to the number of strength, appointment, dismissal, etc. of the personnel. [This Article Newly Inserted by Act No. 4937, Jan. 5, 1995] SECTION 6 Audit and Inspection Research Institute

Article 19-4 (Duties and Organization)

(1) For the purpose of research, development, etc. of the systems and methods of audit and inspection related financial audit, performance audit, and inspection of the major policies, projects, operation of those entities subject to audit and inspection by the BAI, the Audit and Inspection Research Institute shall be established within the BAI.

(2) The Audit and Inspection Research Institute may support the construction of the audit infrastructure, including survey, research, etc. with respect to various audit systems and methods.

(3) Matters necessary for the organization and operation of the Audit and Inspection Research Institute shall be prescribed by the BAI Regulations. Article 19-5 (Personnel)

(1) The Audit and Inspection Research Institute shall have one President and other necessary personnel.

(2) The President shall be appointed from among the public officials in general service or in contractual service who belong to the BAI's Senior Civil Service.

(3) The provisions of Articles 16-2 and 16-3, paragraph (2) of Article 17 , and paragraphs (1) and (2) of Article 18 shall be applicable mutatis mutandis to the authorized strength, appointment, dismissal, etc. of the personnel.

[This Article Newly Inserted by Act No. 7521, May 26, 2005] CHAPTER POWERS

SECTION 1 General Provisions

Article 20 (Functions)

The BAI shall examine the final accounts of revenues and expenditures of the State and shall constantly audit and supervise any other accounts as prescribed by this Act and other Acts in order to ensure their correctness, and shall inspect the duties of administrative agencies and public officials in order to improve and promote the operation of public administration.

SECTION 2 Examination of the Final Accounts and Scope of Audit of Accounts

Article 21 (Examination of the Final Accounts)

The BAI shall examine and confirm the final accounts of revenues and expenditures of the State in accordance with the results of the audit of accounts. Article 22 (Matters Subject to Mandatory Audit)

(1) The BAI shall audit the following matters:

1. Accounts of the State;

2. Accounts of provincial and local governments, and other local autonomous bodies;

3. Accounts of the Bank of Korea and accounts of those juridical persons more than half of whose capital has been invested by the State or Provincial and local governments, or other local autonomous bodies; and

4. Accounts of the agencies which are prescribed by other laws to be subject to the audit of the BAI.

(2) The audit under the foregoing paragraphs and the provisions of Article 23 shall include revenues, expenditures, and acquisition, custody, management and disposal of the properties (including articles, securities and rights). [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 23 (Matters Subject to Discretionary Audit) (1) The BAI may audit the following matters, if it considers necessary or upon request of the Prime Minister:

1. Receipts and disbursements of cash, articles or negotiable instruments owned by the State or local governments which are handled by the persons other than State agencies or local governments for the State or local governments;

2. Accounts of those persons to whom the State or local governments, either directly or indirectly, have given subsidies, bounties, grants-in-aid and contributions, etc. or have given fiscal assistance of loans, etc.;

3. Accounts of those persons to whom the persons as referred to in the preceding subparagraph 2 have again given such subsidies, bounties, grants-in-aid and contributions, etc.;

4. Accounts of those persons to which the State or local governments have invested a part of their capital stock;

5. Accounts of those persons in whom the persons as referred to in subparagraph 4 or Article 22 (1) 3 have invested;

6. Accounts of those persons whose debts are guaranteed by the State or local governments;

7. Accounts of those agencies which have been established by the provisions of the Acts other than the Civil Coe or the Commercial Code, and the whole or a part of the officers or the representative of which have been appointed or approved for appointment by the State or local governments;

8. Accounts concerning matters related with the contract of those persons who have concluded contracts with the State, local governments or those persons as referred to in subparagraphs 2 through 6, or Article 22 (1) 3 or 4;

9. Accounts of those persons who manage the Fund to which the provisions of Article 5 of the State Finance Act shall apply; and

10. Accounts of organizations, etc. to which those persons as referred to in subparagraph 9 contributed and subsidized again from the Fund. (2) Deleted.

SECTION 3 Scope of Inspection on Duties

Article 24 (Matters Subject to Inspection)

(1) The BAI shall inspect the following matters:

1. Affairs of administrative agencies established under the Government Organization Act or other Acts, and the duties of the public officials assigned thereto;

2. Affairs of local governments and the duties of the local public officials assigned thereto;

3. Affairs of those persons as referred to in Article 22 (1) 3 and subparagraph 7 of Article 23 and affairs of the officers assigned thereto or officials who have direct or indirect relations with the account subject to the audit by the BAI; and

4. Affairs entrusted or executed vicariously by the State or local governments pursuant to the pertinent laws and decrees, and duties of those holding the status of public officials or corresponding to them pursuant to other laws and decrees. (2) The administrative agencies as referred to in paragraph (1) 1 shall include military units and educational institutions provided that the military units shall exclude combat units under the command of a major general or lower ranking officer, and military units under the command of a lieutenant colonel or lower ranking officer.

(3) The public officials as referred to in the preceeding paragraph shall exclude the public officials assigned to the National Assembly, Courts and the Constitutional Court.

(4) Where the BAI intends to conduct an inspection under the preceeding paragraph , it shall not inspect matters for which the Prime Minister made clear that the matters concerned which are the State secrets, or the matters for which the Minister of National Defense made clear that an inspection interferes with keeping military secrets or would be harmful for military operations.

SECTION 4 Method of Audit and Inspection

Article 25 (Presentation of Accounting Statement, etc.) (1) Persons subject to audit and inspection of duties (hereinafter referred to as "inspection") of the BAI shall submit accounting statements, evidentiary documents, working papers and other materials (including submissions thereof by means of the information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; herein- after the same shall apply) to the BAI in accordance with the BAI Regulations.

(2) If it is difficult to submit the accounting statements, evidentiary documents, etc. as referred to in the preceeding paragraph, such other materials as designated by the BAI may be submitted in lieu of the above documents. Article 26 (Desk Audit and Inspection and Field Audit and Inspection) In addition to the constant desk audit and inspection through papers submitted pursuant to the provisions of the foregoing Article, the BAI shall, if it considers necessary, dispatch its officials for field audit and inspection. Article 27 (Appearance for Answer, Presentation of Materials, Sealing, etc.) (1) The BAI may, if it is necessary for audit and inspection, take the following measures:

1. Request (including a request by means of the information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; hereinafter the same shall apply) for appearance and answer of the interested parties or those persons who are deemed to be involved in the matters subject to audit and inspection;

2. Request for presentation of certificates, explanatory notes and other pertinent papers, books and articles; and

3. Application of sealing on warehouses, money safes, papers, books, and articles. (2) If it is deemed necessary for any audit as prescribed by this Act and any audit and inspection of financial institutions which are subject to audit and inspection, the BAI may demand any specified branch office of a financial institution to furnish any information on, or present materials of, the details of financial dealings in document (including any electronic documents under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; hereinafter the same shall apply) specifying the personal matters, despite the provisions of other Acts, and any person who works for the financial institution shall not refuse it.

(3) Sealing under paragraph (1) 3, and the request for furnishing any information or materials on details of any financial dealings as referred to in paragraph (2) shall be limited to a minimum extent necessary for conducting audit and inspection.

(4) No person who has the information on, or materials of, the details of financial dealings furnished or presented under paragraphs (2) and (3) shall furnish or disclose such information or materials to another person, or use them for any other purpose.

(5) The BAI may not use the information or materials about the personal affairs or private life of an individual submitted for audit and inspection for other uses than the purpose of the relevant audit and inspection provided that the same shall not apply in case where there is a consent of the person in question or the head of the agency or institution which has submitted the materials.

Article 28 (Exemption from Audit and Inspection)

(1) The BAI may, if it considers that internal audit and inspection has been properly conducted after it has examined the results of the internal audit and inspection of central government agencies, provincial and local governments, other local autonomous bodies, and government-invested organizations, dispense with partial or whole audit and inspection unless the examination of the final accounts and so forth are hindered.

(2) If the BAI has decided not to conduct audit and inspection pursuant to the provisions of paragraph (1), it shall notify (including any notification by means of the information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; and hereinafter the same shall apply) the head of the agency concerned thereof. (3) If the BAI has decided not to conduct audit and inspection pursuant to the provisions of paragraph (1), it may state its opinion regarding the method of internal audit and inspection to the head of the agency concerned.

(4) The head of the agency concerned as referred to in paragraph (1) shall adopt the opinion of the BAI under paragraph (3) unless there is any other special reason.

(5) The head of the agency concerned as referred to in paragraph (1) shall make a report (including any report by means of the information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; and hereinafter the same shall apply) on the result of internal audit and inspection to the BAI under the requirements prescribed by the BAI.

(6) The BAI may also request an agency for which it is decided not to conduct audit and inspection under paragraph (1) to present account statements or other papers or may directly conduct an inspection on such an agency when it is required for a specific reason, and if audit and inspection of an agency is deemed to have been improperly executed, the BAI may revoke the decision under paragraph (1). SECTION 5 Notification and Cooperation

Article 29 (Notification of Crimes, Losses, Damages etc.) (1) In the cases which fall under one of the following subparagraphs, the head of an agency, etc. subject to audit and inspection by the BAI pursuant to the provisions of Articles 22 and 23 shall, without delay, notify the BAI thereof through the competent Minister or the chief of the pertinent supervisory agency:

1. Where a fact constituting a crime is found or a disciplinary action has been taken in connection with the duties of accounting officials and persons subject to audit and inspection by the BAI pursuant to the provisions of Article 24; and

2. Where it is discovered that cash, articles, negotiable instruments or any properties are lost or damaged.

(2) Procedure and scope of notification referred to in paragraph (1) shall be determined by the Board of Audit and Inspection Regulations.

Article 30 (Cooperation of Related Agencies)

The BAI may request the heads of the agencies of the State, provincial or local governments, and heads of other organizations subject to audit and inspection to provide cooperation and assistance necessary for audit and inspection or to dispatch public officials, officers or employees under his control. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 30-2 (Support for Internal Audit and Inspection, etc.) (1) The BAI may provide any support necessary for the development of internal audit and inspection work and efficient conduct of internal audit and inspection activities.

(2) The heads of the central administrative agencies, provincial and local governments (limited to the Special Metropolitan City, Metropolitan Cities and Dos), and government-invested organizations shall, if necessary, consult with the BAI on the audit and inspection plan, etc. to avoid any duplication of audit and inspection.

(3) If it is deemed as a result of audit and inspection that the person responsible for internal audit and inspection of the agency as referred to in paragraph (2) is markedly negligent of audit and inspection work, the BAI may recommend his replacement to the appointing authority or the appointment-recommending authority concerned. [This Article Newly Inserted by Act No. 4937, Jan. 5, 1995] SECTION 6 Disposition of Inspection Results

Article 31 (Judgment on Liability for Reparation, etc.) (1) The BAI shall, after reviewing the results of audit and inspection, examine and adjudicate as to whether or not accounting officials or any other persons (excluding the subordinate officials of those persons who do not fall under Article 22 (1) 3 and 4 or subparagraphs 1 through 6 and 8 through 10 of Article 23 among those falling under subparagraph 7 of Article 23) are liable for reparation under the provisions of relevant laws.

(2) When the BAI has adjudicated pursuant to the provisions of paragraph (1) that there is a liability for reparation, it shall send to the responsible Minister (only the State agency; and hereinafter the same shall apply), the head of the related supervisory agency (only those agencies except for the State agencies; and hereinafter the same shall apply), or the head of the agency concerned (only when the responsible Minister or the head of the related supervisory agency is absent, or not certain; and hereinafter the same shall apply) a written adjudication for reparation in which persons liable for it and amount of reparation, and reasons therefor are clearly specified.

(3) The responsible Minister, the head of the related supervisory agency or the agency concerned to whom such a written adjudication as referred to in paragraph (2) has been sent shall serve it on the person liable for reparation within twenty days from the date of receipt thereof and shall order him to make such reparation within the period determined by the BAI.

(4) If the person liable for reparation falls under any of the following subparagraphs, the responsible Minister, the head of the related supervisory agency or the head of the agency concerned to whom a written adjudication for reparation has been sent shall make a public announcement as prescribed in the BAI Regulations, it shall be deemed that such a written adjudication for reparation shall be deemed to have been served with the lapse of ten days after the date of such an announcement:

1. When a person liable for reparation has refused to accept a written adjudication; and

2. When the address or whereabouts of a person liable for reparation is not clear, or he is not within the country.

(5) If a person liable for reparation fails to fulfill his obligation to make reparation within the period specified by the BAI, the responsible Minister or the head of the related supervisory agency shall commission the chief of the related tax office to execute collection thereof by applying mutatis mutandis the provisions concerning disposition of taxes in arrears in the National Tax Collection Act. (6) The chief of the tax office commissioned under paragraph (5) shall be subject to the supervision of the responsible Minister or the head of the related supervisory agency as provided in paragraph (5) in performing his duties.

(7) If the responsible Minister or the head of the related supervisory agency is vacant or ambiguous, the Chairman shall assume such responsibility of supervision as provided in paragraph (5), and supervise the director of the tax office as provided in paragraph (6). Article 32 (Request for Disciplinary Action, etc.) (1) The BAI may request the responsible Minister or the appointing authorities to take a disciplinary action against public officials who fall under causes for disciplinary action as provided for in the State Public Officials Act or other laws and decrees, or who have refused audit and inspection or neglected the submission of documents under this Act without justifiable reasons.

(2) The responsible Minister or the appointing authority who has received a request for dismissal as disciplinary action under paragraph (1) shall require the decision by the pertinent disciplinary committee, personnel committee, or other organizations (hereinafter referred to as the "disciplinary committee") within ten days from the date of receipt of the request. The Minister of Public Administration and Security, concerning the result of the decision of the Central Disciplinary Committee, and the chief of the agency in which the disciplinary committee concerned or other organization is established, concerning the result of a decision by another disciplinary committee or other organization, shall notify the BAI thereof within fifteen days from the date of its decision.

(3) If a request for dismissal pursuant to the provisions of paragraph (1) has been rejected by a decision on dismissal, the BAI may, on its own initiative, make a request for review or re-review thereof before the disciplinary committee which is established at the immediately higher agency of an agency in which the relevant disciplinary committee is established (where the immediately higher agency has no disciplinary committee, the relevant disciplinary committee) within one month from the date of receipt of notification under paragraph (2).

(4) The disciplinary committee, etc. concerned which has received the request for review or re-review under paragraph (3) shall deliberate on the request within one month from the date of receipt of the request, and the chief of the disciplinary committee concerned shall notify without delay the BAI of the result.

(5) If the Appeals Review Committee or other organization has examined and decided on the appeal raised against the dismissal made at the request for dismissal of the BAI for the dismissal as provided in paragraph (1), the chief of the Appeals Review Committee concerned or others shall notify the BAI of the result of the decision within fifteen days from the date of its decision.

(6) The BAI may, within one month from the date of receipt of the notification under paragraph (5), request a review thereof by the Appeals Review Committee or other organization through the chief of the agency concerned in which the Appeals Review Committee or other organizations are established.

(7) The execution of the decision on disciplinary action or appeal shall be suspended during the period as prescribed in paragraphs (2) through (6). (8) As for those persons who are not subject to the provisions of disciplinary action under laws and decrees but are subject to reprimand prescribed by the relevant laws, decrees or the regulations of the organization to which they are assigned or those who deny audit and inspection or delay the submission of documents provided in this Act without justifiable reasons, a request for reprimand may be made to the chief of the supervisory agency or the chief of the organization concerned. (9) In the case as referred to in paragraph (8), the BAI may make a request for removal from office to the appointing authorities or the appointment recommending authorities, when it is deemed that the wrongdoings of officers or employees of an organization to whom laws and decrees or the provisions concerning reprimand provided by the organization to which he is assigned are not applicable, have been conspicuous.

(10) In the case of the request for disciplinary action or reprimand under paragraph (1) or (8), the kind thereof may be designated. The kinds of reprimand shall correspond to those of the disciplinary action.

(11) The head of the agency that receives the request for disciplinary action or reprimand, or removal as prescribed by paragraph (1), (8) or (9) shall make the disposition in accordance with the due procedure within the period specified by the BAI. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 32-2 (Suspension of Prescription for the Causes of Disciplinary Action and Reprimand, and Other Related Matters)

(1) With respect to a specific case which is under investigation by the BAI, the procedure for disciplinary action or reprimand shall be suspended from the date of receipt of the notification of investigation in accordance with the provisions of paragraph (2).

(2) The BAI, when it has begun or completed a specific investigation, shall inform the head of the agency the investigated person belongs to of such a fact within ten days from the commencement or completion of the investigation. (3) In case the prescription, specified by law or the agency concerned, etc., for the cause of disciplinary action or reprimand expires ore remains less than one month due to the suspension of the process for disciplinary action or reprimand in accordance with the provisions of paragraphs (1) and (2), the prescription is regarded as expired in one month after the notification of the completion of investigation in accordance with the provisions of paragraph (2), or after the request for disciplinary action or reprimand is made in accordance with the provisions of Article 32 (1) or (8) (where a request for review is made under Article 36 (2), after the date the decision on review is notified).

[This Article Newly Inserted by Act No. 5998, Aug. 31, 1999] Article 33 (Request for Correction, etc.)

(1) In case the BAI has found a fact which seems illegal or improper as a result of audit and inspection, it may request the responsible Minister, the head of the pertinent supervisory agency or the head of the agency concerned to correct or pay more attention to it. (2) In case a request under the preceding paragraph is made, the responsible Minister, the head of the pertinent supervisory agency or the head of the agency concerned shall fulfill such a request within the period specified by the BAI. Article 34 (Request for Improvement)

(1) If the BAI finds as a result of inspection that there is an inconsistency or matters required to be improved in laws and decrees, institutions or administration in its opinion, it may request the Prime Minister, responsible Minister, the head of the related supervisory agency or the head of the agency concerned to take the necessary measures for enactment, amendment, or repeal of laws and decrees or the improvement of institution or administration. (2) The head of the agency concerned that receives the request under paragraph (1) shall notify (including any notification by means of the information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; and hereinafter the same shall apply) the BAI of the results of the measures taken or the improvement made.

[This Article Wholly Amended by Act No. 2445, Dec. 31, 1970] Article 34-2 (Recommendations, etc.)

(1) The BAI may make recommendations or provide advice for improvement, in case the conclusion of audit and inspection falls in any of the following subparagraphs, to the responsible Minister, the supervisory agency, or the head of the agency concerned:

1. When it is inappropriate for the BAI to make such requests as prescribed by Articles 32 through 34;

2. When it seems necessary for the head of the relevant agency to handle the matter on his own initiative; and

3. When it is needed for the economy, efficiency, and fairness of administration.

(2)The responsible Minister, the head of the supervisory agency, or the head of the agency concerned who receives the recommendations or advice under the provisions of paragraph (1) shall notify the BAI the results of its follow-up actions.

[This Article Newly Inserted by Act No. 4937, Jan. 5, 1995] Article 35 (Accusation)

In case where the BAI considers that there is a suspicion of crime as a result of audit and inspection, it shall institute an accusation with the public prosecution authorities. SECTION 7 Re-examination

Article 36 (Request for Re-examination)

(1) In case where an adjudication ordering reparation under Article 31 is believed to be illegal or unjust, the person liable for reparation himself, the responsible Minister, the head of the pertinent supervisory agency or the head of the agency concerned, may request the BAI to re-examine the said matters within three months from the date of receipt of the written adjudication ordering reparation. (2) In case when a request from the BAI for actions prescribed in Articles 32 through 34 is believed to be illegal or unjust, the head of the agency concerned, the responsible Minister, appointing authorities, appointment-recommending authorities or head of the pertinent supervisory agency, who has received such a request, may request the BAI to re-examine its decision within one month from the date of receipt of such a request. (3) The request for re-examination of an adjudication ordering reparation under paragraph (1) shall not have the effect of suspension of execution. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 37 (Method of Request for Re-examination) (1) Request for re-examination shall be made by filing a written application for re-examination.

(2) The application under the preceding paragraph shall contain a clear statement of points and reasons for its request, and shall be filed together with accounting statements and evidences with the BAI.

Article 38 (Disposition of Request for Re-examination) (1) The BAI shall reject a request for re-examination when such a request does not satisfy the necessary requirements.

(2) In case the BAI considers that a request for re-examination has no due reason, it shall dismiss such a request, and if it considers that the request for re-examination has due reason it shall cancel its original request for action or change its content. (3) Upon receipt of a request for re-examination, the BAI shall, unless there is a special reason not to do so, dispose of such a request within two months from the date of receipt of such a request.

Article 39 (Re-examination Ex Officio)

In case where the BAI has found its adjudication illegal or unjust due to an error or omissions in accounting statements and evidences, etc. within two years from the date of adjudication, it may ex officio re-examine such a case.

Article 40 (Effect of Re-examination)

(1) A case which has been re-examined upon request shall not be reviewed again upon further request. However, a case which has been re-examined ex officio by the BAI may be reviewed again upon request.

(2) An administrative litigation may be filed against the BAI as a party for its adjudication for re-examination, provided, however, that a decision of provisional disposition for the suspension of its effect cannot be rendered. SECTION 8 Report of Audit and Inspection

Article 41 (Matters to be Included in Annual Report) A report to be prepared pursuant to the provisions of Article 99 of the Constitution shall contain the following matters:

1. Confirmation of the closing of accounts of revenues and expenditures of the State ;

2. Agreement between the amounts of the settled accounts of the revenues and expenditures of the State and the settled accounts submitted by the Bank of Korea ;

3. Whether or not there are any matters in contravention of laws, decrees or the budget, or any matters unjust, as a result of audit of accounts ;

4. Whether or not the approval of the National Assembly is obtained for expenditures of the reserve fund ;

5. Adjudications declaring liability and status of execution thereof ;

6. Matters for which a disciplinary action or reprimand is requested and the results thereof ;

7. Matters for which correction is requested and the results thereof ;

8. Matters for which improvement is requested and the results thereof ;

9. Matters for which recommendations or advice is made and the results thereof ; and

10. Any other matters which are considered necessary by the BAI. Article 42 (Interim Report)

The BAI shall, in addition to making a report on the examination of the closing of accounts under the preceding Article, report to the President at times on the matters which are considered important as a result of audit and inspection. The same shall apply to BAI's decisions which are not followed even after the BAI has issued peremptory notice two or more times on them.

CHAPTER CLAIMS

Article 43 (Claims)

(1) Any person who has an interest in a disposition or other behavior concerning the duties of a person subject to audit and inspection of the BAI may request the BAI to examine it.

(2) Claims under paragraph (1), pursuant to the provisions of BAI regulations, shall be made by filing a written claim which includes the purport and reason for the claim and be presented through the head of the pertinent agency that has made an action for which a claim is filed (hereinafter to referred to as "pertinent agency.").

(3) A direct claim may be filed with the BAI without being through the pertinent agency, in case the head of the pertinent agency who has received the written application as provided in paragraph (2) does not deliver it to the BAI within one month after the receipt. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 44 (Period of Exclusion)

(1) An interested person shall submit a claim within 60 days from the day when he learned the causal action for the claim and within 180 days from the day when the causal action took place.

(2) The period under paragraph (1) shall be an unchangeable period.

[This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 45 (Inquiry into Claims)

Inquiry into a claim shall be performed by examining written statements and other documents presented by the pertinent agency, such as the application for examination, provided, however, that the BAI may, if it deems necessary, require presentation of materials or opinions of the person who has filed the claim or interested persons, or perform a necessary inspection. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 46 (Decision on Claims)

(1) The BAI shall reject a claim when it does not satisfy the requirements and procedures designated by Articles 43, 44 and the BAI Regulations. The same shall apply when a person other than the interested person has filed a claim. (2) The BAI shall, when it considers that the claim has due reason, demand correction or other necessary measures to the chief of the pertinent agency, and should it consider a claim be without reason, dismiss it.

(3) The decision as provided by the foregoing two paragraphs shall be made within three months from the day when the claim is received, unless there is a special reason.

(4) In case a decision under Paragraph (2) is made, it shall be notified in writing to the person who has submitted the claim and to chief of the pertinent agency within seven days, along with a copy of the written decision on the claim. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 46-2 (Relation with Administrative Litigation) The claimant, regarding the actions of the chief of an administrative agency which underwent deliberations of the BAI, in accordance with the provisions of Articles 43 and 46, may file an administrative litigation against the agency concerned as a party within 90 days of receipt of notification of the decision concerned.

[This Article Newly Inserted by Act No. 4937, Jan. 5, 1995] Article 47 (Measures by Pertinent Agency)

The chief of the agency concerned shall, upon receipt of the decision requiring correction or other necessary measures as provided in Article 46, take measures according to the decisions. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 48 (Principle not to Deliberating the Same Matter Twice) As for the matters about which examination and decision has been given as provided by Article 46, a claim shall not be made again provided, however, that this shall not apply in case of a rejected matter. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 49 (Expression of Opinions, etc. on Acts and Subordinate Statutes, etc. Relating to Accounting)

(1) Each agency of the State shall ask for opinions of the BAI by serving in advance the draft of relevant acts and regulations to the BAI in the following cases:

1. When it desires to enact, amend, or repeal acts and regulations concerning the accounting of the State;

2. When it desires to enact, amend, or repeal acts and regulations concerning the bookkeeping of receipt and disbursement of cash, articles and negotiable instruments of the State;

3. When it desires to enact, amend or repeal acts and regulations which may affect the powers of the BAI, for instance, by changing BAI's audit scope and coverage; and

4. When it desires to enact, amend or repeal acts and regulations concerning internal audit and inspection work.

(2) In case when a person in charge of accounting, who is subject to audit and inspection of the BAI, has asked for an opinion of the BAI on ambiguous points in interpretation of accounting acts or regulations in the course of performing his duties, the BAI shall state its interpretation and reply thereon. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 50 (Request for Cooperation of Persons Other than the Agencies Subject to Audit and Inspection)

(1) The BAI may, if necessary, request a person other than the agency subject to audit and inspection under this Act to present materials or to appear to answer questions. (2) The request as referred to in paragraph (1) shall be limited to the minimum necessary for audit and inspection. (3) The person who has received the request under paragraph (1) shall comply with the request unless there is a justifiable reason. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 50-2 (Audit and Inspection by Proxy)

In case it considers necessary, the BAI may have, in accordance with the BAI Regulation, the chief of each of central government agencies, Provincial and local governments, other local autonomous bodies, and government-invested organizations perform, in place of the BAI, part of its audit and inspection (limited to investigation, confirmation, and analysis of facts, which are not directly related to the rights and obligations of citizens) for reporting to the BAI. [This Article Newly Inserted by Act No. 4937, Jan. 5, 1995] Article 51 (Penal Provisions)

(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding five million won:

1. A person, subject to audit and inspection under this Act, who has refused audit and inspection or failed to comply with the request for presentation of information, data, or documents;

2. A person who has interfered with audit and inspection under this Act; and

3. A person who has failed to comply with the request for presentation of information or materials or attendance and answers as provided in Articles 27 (2) and 50, without any justifiable reasons.

(2) Any person who violates the provisions of Article 27 (4) shall be punished by a penal servitue for not more than three years, or a fine not exceeding 20 million won. (3) Both of penal servitude and fine as referred to in paragraph (2) may be imposed concurrently. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973] Article 52 (BAI Regulation)

The BAI may make regulations necessary for the audit and inspection procedures, internal discipline of the BAI, and the disposition of audit and inspection work. [This Article Wholly Amended by Act No. 2446, Jan. 25, 1973]

(1) (Enforcement Date) This Act shall enter into force on December 17, 1963. (2) (Act to be Repealed) The Board of Audit and Inspection Act (Act No. 1286) shall be repealed at the time when this Act enters into force. (3) (Transitional Provisions) All acts performed under the Board of Audit and Inspection Act prior to the enforcement of this Act shall be deemed to have been performed under this Act.

(4) (Public Officials at the Time of Enforcement of this Act) Public Officials in ranks of Grade to at the time of enforcement of this Act shall be deemed to have been appointed respectively under this Act.

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitory Measures) The Commissioners at the time when this Act enters into force, shall hold office until the expiration of the terms of office, notwithstanding the fixed number under the provisions of Article 3.

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Relation with Other Acts) The provisions of other acts that exclude or limit audit and inspection by the BAI shall be ineffective from the date of enforcement of this Act, provided, however, that exceptions shall be made in case of the Central Intelligence Agency Act and the Munitions Control Act.

(3) (Transitory Measures concerning Continuance of Bureau, etc.) The bureaus, offices and divisions established under the previous provisions at the time when this Act enters into force, shall be considered as having been established under the regulations pursuant to the provisions of Article 16 (2) of this Act, and the deputy secretary-general at the time when this Act enters into force shall be considered as being appointed as a public official in special service under Article 19 (1) on the date when this Act enters into force.

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitory Measures concerning Period of Claims) The period for filing claims against actions taken prior to the enforcement of this Act shall be determined by the previous provisions.

(3) (Transitory Measure Concerning Administrative Litigations) Regarding the actions of the chief of the administrative agency, which underwent deliberations of the BAI, prior to the enforcement of this Act, the previous provisions shall apply.

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitory Measures concerning Age Limit of the Chairman) With respect to the Chairman at the time when this Act takes effect, the amended provisions of the proviso of Article 6 (2) shall not apply.

(3) (Transitory Measures concerning Prescription for the Cause of Disciplinary Action or Reprimand) At the time when this Act takes effect, with respect to the prescription for the cause of disciplinary action or reprimand the remaining period of which is less than one month, the amended provisions of Article 32-2 shall not apply.

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2000. (Proviso Omitted.) Articles 2 through 4 Omitted.

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 and 3 Omitted.

This Act shall enter into force on the date of its promulgation.

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the provisions of Article 7 of the Addenda (excluding paragraph (2) and (29)), on January 1, 2008.

Articles 2 through 7 Omitted.

This Act shall enter into force on the date of its promulgation.

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2007. (Proviso Omitted.) Articles 2 through 12 Omitted.

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2007 provided that the amended provisions of Article 16 shall take effect on the date of its promulgation. Article 2 (Transitory Measures concerning Qualifications for Appointment of Commissioners) The qualifications for the appointment of Commissioners from among those who has served as public officials of Grade or higher prior to the enforcement of this Act shall be governed by the previous provisions, notwithstanding the amended provisions of subparagraph 1 of Article 7.

Article 3 (Transitory Measures concerning Public Officials Who Belong to BAI's Senior Civil Service)

(1) The deputy secretaries-general, the president of the Audit and Inspection Training Institute, the president of the Evaluation and Research Institute, and the chiefs of offices and bureaus who belong to the BAI and their assistant organs equivalent thereto, and the public officials of Grades through in general service and other public officials equivalent thereto in special service and contractual service who are presently working, seconded or suspended from duties after having being appointed to the positions to which public officials who belong to the BAI's Senior Civil Service shall be appointed in accordance with the BAI Regulations, at the time when this Act enters into force, shall be deemed to belong to the BAI's Senior Civil Service under this Act from the date on which this Act enters into force. (2) Where the appointment procedures provided for in the previous provisions are in progress at the time when this Act enters into force, the appointment procedures that have already been completed shall be deemed to have been completed pursuant to this Act.

Article 4 (Transitional Measures concerning Examination of Qualifications) Anyone who falls under the provisions of Article 3 (1) of the Addenda shall be deemed to be appointed on the date on which this Act enters into force in the application of the provisions of the main sentence of Article 17-3 (1) 1. Article 5 (Relationship with Other Acts)

In so far as the inclusion of the existing public officials of Grades through in general service or other public officials equivalent thereto in special service or contractual service who belong to the BAI in the requirements, etc. for qualification provided for in other Acts (excluding the State Public Officials Act), at the time when this Act enters into force, is not obviously contrary to the effects of such other Acts, the requirements, etc. for qualification shall be deemed to include the public officials in general service, special service or contractual service who belong to the BAI's Senior Civil Service pursuant to this Act.

Article 1 (Enforcement Date)

This Act shall enter into force one and half years after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 41 Omitted.

Article 42(Amendment of Other Act)

Article 42 Paragraphs (1) through(24) Omitted.

(24) The BAI Act shall be amended in its Article 7 (5) from "any such stock- listed corporation or KOSDAQ-listed corporation as provided for in Article 2 (13) 3 and (15) of the Securities and Exchange Act" to "any such stock-listed corporation as provided for in Article 9 (15) 3 of the Capital Market and Investment Services Act."

Paragraph (26) through (67) Omitted.

Articles 43 and 44 Omitted.

This Act shall enter into force on the date of its promulgation.

This Act shall enter into force on the date of its promulgation. However, the revised provisions(among which only provisions regarding the stock-listed corporations as provided for in Article 9 (15) 3 of the Capital Market and Investment Services Act shall be applicable) shall enter into force on February 4, 2009.


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