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Laws of the Republic of Korea |
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.
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. 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.
(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.
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.
(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.
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.
(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. 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.
(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).
(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.
(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.
[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.
(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.
(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.
(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.
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.
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.
(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
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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