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Laws of the Republic of Korea |
GENERAL PROVISIONSCHAPTER I
Amended by Act No. 10339, June 4, 2010
Article 1 (Purpose)
The purpose of this Act is to establish the basic principles for the establishment, organization, and scope of functions of national administrative agencies for the systematic and efficient performance of national administrative affairs. Article 2 (Establishment, Organization, etc. of Central Administrative Agencies) (1) The establishment and scope of functions of central administrative agencies shall be determined by this Act.
(2) Except as specifically provided in this Act and other applicable Acts, the central administrative agencies shall be Bu(s), Cheo(s) and Cheong(s) (Ministries and Agencies).
(3) Except as specifically provided in this Act and other applicable Acts, the positions created for a central administrative agency shall be Cha-gwan (Vice Minister), Cha-jang (Deputy Administrator), Sil-jang (Chief of an office), or Guk-jang (Director General of a bureau), and if necessary, further subsidiary organs as prescribed by Presidential Decree may be placed under him/her; provided, that the title of Sil-jang (Chief of an office) or Guk-jang (Director General of a bureau) may be otherwise provided as the Bonbu-jang (Chief Commissioner), Dan-jang (Group Chief), Bu-jang (Department Head) or Team-jang (Team Head), etc. under conditions as may be prescribed by Presidential Decree. In this case, a subsidiary organ whose title has been otherwise designated shall be deemed to be Sil-jang (Chief of an office) or Guk-jang (Director General of a bureau) in applying this Act. GOVERNMENT
ORGANIZATION ACT
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(4) Except as provided by this Act, the establishment of subsidiary organs and the division of their affairs referred to in paragraph (3) shall be determined by Presidential Decree; provided, that the establishment and division of affairs of subsidiary organs prescribed by Presidential Decree in accordance with paragraph (3) may be created by an Ordinance of the Prime Minister or by a Ministerial Ordinance. (5) In each Administrative Ministry, there may be appointed a Chagwanbo (Assistant Minister) to directly assist the Minister and Vice Minister on matters that the Minister specially instructs; and in each of the central administrative agencies, under conditions as may be prescribed by Presidential Decree, an assisting agency to assist the heads in planning policies, devising plans, conducting researches, surveys, examinations, evaluations, gathering public information, and the like; provided, that an assisting agency equivalent to a subsidiary organ prescribed by Presidential Decree in accordance with paragraph (3) may be appointed through an Ordinance of the Prime Minister or by a Ministerial Ordinance.
(6) Assistant Ministers, Chiefs of offices, Director Generals of bureaus and assisting agencies corresponding to the former in their ranks of the central administrative agencies shall be appointed from public officials in general service, public officials in extraordinary civil service and public officials in contractual service who belong to the Senior Civil Service. In the case of positions that can be held only by public officials in a specific service, such case shall be limited to where the relevant Act prescribes that the positions have to be held by public officials who belong to the Senior Civil Service, and the number of the Director Generals of the bureaus who are appointed from state public officials in extraordinary civil service shall not exceed one (1) for each central administrative agency.
(7) Notwithstanding paragraph (6), a diplomatic public official may be appointed as a subsidiary organ, Assistant Minister or assisting agency of the Ministry of Foreign Affairs and Trade; a public prosecutor as a subsidiary organ or assisting agency of the Ministry of Justice; a soldier on service as a subsidiary organ, Assistant Minister or assisting agency of the Ministry of National Defense, or as a subsidiary organ or assisting agency of the Military Manpower Administration or the Defense Acquisition Program Administration; a public educational official as a subsidiary organ, Assistant Minister or assisting agency of the Ministry of Education, Science and Technology; a police officer as a subsidiary organ or assisting agency of the National Police Agency or the Korea Coast Guard; and a fire-fighting officer as a subsidiary organ or assisting agency of the National Emergency Management Agency, under the conditions as prescribed by Presidential Decree. 78 Ministry of Government Legislation
(8) If it is deemed that expertise is necessary to perform the required duties, public officials in contractual service may also be appointed to any such positions as enacted by a Presidential Decree within the scope of 20/100 of the public officials by central administrative agency, notwithstanding paragraphs (6) and (7). (9) The positions equivalent to those provided in paragraph (6) shall be held by public officials who belong to the Senior Civil Service from among the positions held in subsidiary organs and assisting agencies of the administrative agencies that are not central administrative agencies and seconded positions (referring to positions held by seconded public officials) of administrative agencies. (10) Proper position ranks or duty grades shall be given to Assistant Ministers, subsidiary organs and assisting agencies of the central administrative agencies provided in this Act and the administrative agencies that are not central administrative agencies. Article 3 (Establishment of Special Local Administrative Agencies) (1) Except as specifically prescribed by other Acts, each central administrative agency may, if necessary for the performance of its affairs, have local administrative agencies under its jurisdiction under conditions as may be prescribed by a Presidential Decree. (2) A local administrative agency under paragraph (1) may jointly carry out the competent affairs of other related central administrative agencies under conditions as may be prescribed by a Presidential Decree, where it is deemed efficient to carry out the said affairs jointly, in view of the relevancy of affairs and regional particularities. Article 4 (Establishment of Affiliated Institutions) An administrative agency may, under conditions as may be prescribed by a Presidential Decree, establish institutions of experiment and research, of education and training, of culture, of medical care, of manufacture, and of advice, where deemed necessary for carrying out its competent affairs.
Article 5 (Establishment of Representative Administrative Organizations) An administrative agency may establish representative administrative organizations, such as an administrative committee, if necessary for the independent fulfillment of its duties competently, under conditions as may be prescribed by an Act. Article 6 (Delegation or Entrustment of Authority) (1) An administrative agency may delegate part of its competent affairs to its subsidiary Laws on Green Growth, and Economic Investment in Korea 79 03_BasicLaws
organs or subordinate administrative agencies, or entrust or delegate it to other administrative agencies and local governments or their subordinate agencies under conditions as may be prescribed by applicable Acts and subordinate statutes. In this case, the delegated or entrusted organs may re-delegate part of their authorities and responsibilities where necessary under conditions as may be prescribed by applicable Acts and subordinate statutes.
(2) Subsidiary organs shall, with respect to the delegated affairs under paragraph (1), carry out the relevant affairs in the capacity of the administrative agencies within the relevant scope.
(3) An administrative agency may entrust its matters involving surveys, inspections, verifications, management, and others, that are not directly related to the rights and duties of citizens, to a juridical person that is not a local government, an organization, or its organs or other related individuals, under the conditions as determined by applicable Acts and subordinate statutes.
Article 7 (Authority and Responsibility of Head of Administrative Agency) (1) The head of each administrative agency shall manage the affairs under his/her jurisdiction, and shall direct and supervise his/her subordinate public officials. (2) A Vice Minister (including a Chief Commissioner appointed in political service under Article 25 (2)), or a Deputy Administrator (including Deputy Chiefs of the Prime Minister's Office) shall assist the head of his/her agency in administering the affairs under the head's jurisdiction and in directing and supervising the head's subordinate public officials, and shall act for the head of the agency where the head is unable to perform his/her duties due to an accident; provided, that when the head of an agency, who has two (2) Vice Ministers or Deputy Administrators meets an accident, his/her duties shall be performed in a representative capacity according to an order enacted by a Presidential Decree.
(3) Subsidiary organs of each administrative agency shall assist the Head, Vice Minister, or Deputy Administrator thereof to administer the affairs under his/her jurisdiction and to direct and supervise his/her subordinate public officials. (4) In the case of paragraphs (1) and (2), with respect to the administration belonging to him/her, he/she may directly command the head of the relevant administration in devising important policies.
(5) The head of a ministry or agency may request that the Prime Minister coordinate the affairs of other administrative agencies related to the affairs under his/her duties 80 Ministry of Government Legislation
PRESIDENTCHAPTER II
where deemed necessary to efficiently perform his/her affairs. Article 8 (Prescribed Number and others of Public Officials) (1) The kinds and prescribed number of public officials to be posted at each administrative agency, the positions that are held by public officials who belong to the Senior Civil Service and the prescribed number of public officials who belong to the Senior Civil Service, standards and procedures for the posting of public officials, and other necessary matters shall be prescribed by a Presidential Decree; provided, that the case of posting public officials in political service at each administrative agency (excluding public officials in political service posted at the Office of the President) shall be prescribed by Act.
(2) In case of paragraph (1), if it is deemed efficient that the prescribed number of public officials assigned at two or more administrative agencies is managed jointly, such prescribed number may be determined jointly.
Article 9 (Concurrent Budgetary Measures)
When an administrative agency or its subordinate organization is newly established or the prescribed number of public officials is increased, budgetary measures shall be concurrently taken.
Article 10 (Government Delegates)
The Chief and Deputy Chiefs of the Prime Minister's Office, the Vice Minister under the Minister for Special Affairs, the Ministers, Vice Ministers, Administrators, Deputy Administrators, Chiefs of offices, Director Generals of bureaus, and Assistant Ministers of the Ministries and Agencies, and the Chief Commissioners of the Ministry of Foreign Affairs and Trade, shall be government delegates.
Article 11 (President's Supervisory Powers on Administration) (1) The President as the head of the Government shall direct and supervise the heads of all central administrative agencies according to applicable Acts and subordinate statutes. (2) The President may suspend or cancel any order or disposition of the Prime Minister or of a head of a central administrative agency when deemed unlawful or unjust. Laws on Green Growth, and Economic Investment in Korea 81 03_BasicLaws
Article 12 (State Council)
(1) The President as the Chairperson of the State Council shall convene and preside over the meetings of the State Council.
(2) Where the Chairperson is unable to perform his/her official duties due to an accident, the Prime Minister as the Vice-Chairperson shall act as Chairperson, and where both the Chairperson and the Vice-Chairperson are unable to perform their official duties due to an accident, a member of the State Council shall act as Chairperson according to the order referred to in Article 22 (1).
(3) Members of the State Council shall be appointed in political service, and may submit bills to the Chairperson and request that a meeting of the State Council be held. (4) Matters necessary for the operation of the State Council shall be prescribed by a Presidential Decree.
Article 13 (Right to Attend State Council Meetings and Present Bills) (1) The Chief of the Prime Minister's Office, the Minister of Government Legislation, the Minister of Patriots and Veterans Affairs, and other public officials as determined by Act may attend the State Council and take the floor as necessary. (2) The public officials referred to in paragraph (1) may, with respect to their official duties, recommend that the Prime Minister present their proposed bills to the State Council.
Article 14 (Office of the President)
(1) The Office of the President shall be established to assist the President in performing his/her official duties.
(2) A Chief shall be assigned to the Office of the President, and he/she shall be appointed under political service.
(3) A special department to escort the President, etc. shall be established in the Office of the President.
(4) The organization and scope of functions of the special department referred to in paragraph (3) and other necessary matters shall be separately determined by Act. Article 15 (National Intelligence Service)
(1) A National Intelligence Service shall be established under the President to handle duties pertaining to information and the protection of public peace, and to conduct criminal 82 Ministry of Government Legislation
PRIME MINISTERCHAPTER III
investigation related to national security.
(2) The organization and scope of functions of the National Intelligence Service and other necessary matters shall be separately determined by Act. Article 16 (Prime Minister's Supervisory Powers on Administration) (1) Upon order of the President, the Prime Minister shall direct and supervise the heads of central administrative agencies.
(2) The Prime Minister, upon approval of the President, may suspend or cancel any order or disposition of the heads of central administrative agencies when it is deemed unlawful or unjust.
Article 17 (Minister for Special Affairs)
(1) A member of the State Council (hereinafter referred to as the "Minister for Special Affairs") may be appointed to perform affairs specially assigned by the President or affairs specially assigned by the Prime Minister upon order of the President. (2) A Vice Minister shall be assigned under the Minister for Special Affairs, and he/she shall be appointed in political service.
(3) Public Officials necessary to assist the Minister for Special Affairs shall be assigned. Article 18 (Prime Minister's Office)
(1) The Prime Minister's Office shall be established under the Prime Minister to assist him/her with the performance of his/her official duties, including administrative direction and supervision, management of social risk and conflict, and review, evaluation, and regulation reform of each central administrative agency. (2) A Chief shall be assigned to the Prime Minister's Office, and he/she shall be appointed in political service.
(3) A Deputy Chief for State Affairs and a Deputy Chief for General Affairs shall be assigned to the Prime Minister's Office, and each of them shall be appointed in political service.
Article 19 (Execution of Prime Minister's Official Duties) If the Prime Minister is unable to perform his/her official duties due to an accident, the Laws on Green Growth, and Economic Investment in Korea 83 EXECUTIVE MINISTRIESCHAPTER IV
03_BasicLaws
member of the State Council designated by the President, or any member thereof in the order referred to in Article 22 (1), if not designated, shall perform his/her official duties. Article 20 (Ministry of Government Legislation)
(1) The Ministry of Government Legislation shall be established under the Prime Minister to professionally take charge of the review of draft Acts and subordinate statutes, draft treaties, draft Ordinances of the Prime Minister, and draft Ministerial Ordinances to be presented before the State Council, and other affairs on legislation. (2) A Minister and a Vice Minister shall be assigned to the Ministry of Government Legislation, and the Minister shall be appointed in political service and the Vice Minister shall be appointed from state public officials in extraordinary civil service who belong to the Senior Civil Service.
Article 21 (Ministry of Patriots and Veterans Affairs) (1) The Ministry of Patriots and Veterans Affairs shall be established under the Prime Minister to take charge of the affairs on merit reward for persons of distinguished service to the State and their bereaved family members, and the compensation, protection and welfare promotion of veterans.
(2) A Minister and a Vice Minister shall be assigned to the Ministry of Patriots and Veterans Affairs, and the Minister shall be appointed in political service and the Vice Minister shall be appointed from state public officials in extraordinary civil service who belong to the Senior Civil Service.
Article 22 (Executive Ministries)
(1) The following executive Ministries shall be established under the general control of
the President: 1. Ministry of Strategy and Finance;
2. Ministry of Education, Science and Technology;
3. Ministry of Foreign Affairs and Trade;
4. Ministry of Unification;
5. Ministry of Justice;
84 Ministry of Government Legislation
6. Ministry of National Defense;
7. Ministry of Public Administration and Security;
8. Ministry of Culture, Sports and Tourism;
9. Ministry for Food, Agriculture, Forestry and Fisheries;
10. Ministry of Knowledge Economy;
11. Ministry of Health and Welfare;
12. Ministry of Environment;
13. Ministry of Employment and Labor;
14. Ministry of Gender Equality and Family; and
15. Ministry of Land, Transport and Maritime Affairs
(2) There shall be one Minister and one Vice Minister in each Ministry. The
Ministers
shall be appointed from the members of the State Council, and the Vice Ministers
shall be appointed in political service:
Provided, That there shall be two Vice Ministers
in the Ministry of Strategy and Finance, the Ministry of Education, Science and
Technology, the Ministry of Foreign Affairs and Trade, the Ministry of Public
Administration and Security, the Ministry of Culture,
Sports and Tourism, the Ministry
for Food, Agriculture, Forestry and Fisheries, the Ministry of Knowledge Economy and
the Ministry
of Land, Transport and Maritime Affairs, respectively.
(3) Each Minister shall direct and supervise the heads of local administrative
agencies
with respect to the affairs under his/her jurisdiction.
Article 23 (Ministry of Strategy and Finance)
(1) The Minister of Strategy and Finance shall administer the affairs on the establishment
of mid- and long-term strategies for
national development, the formulation, overall
control and coordination of economic and financial policies, the compilation, execution
and outcome management of budget and fund, the affairs on money, foreign exchange,
National Treasury, governmental accounting,
internal tax system, customs, and
international finance, the management of public agencies, and the affairs on economic
cooperation,
state property, private investment and national debt.
(2) One (1) Assistant Minister may be assigned to the Ministry of Strategy
and Finance.
(3) The National Tax Service shall be established under the Minister of Strategy and
Finance to take charge of the
affairs on the imposition, reduction or exemption, and
collection of internal taxes.
(4) One (1) Commissioner and one (1) Deputy Commissioner shall be assigned to the
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03_BasicLaws
National Tax Service. The Commissioner shall be appointed in political service and
the Deputy Commissioner shall be appointed from
state public officials in extraordinary
civil service who belong to the Senior Civil Service.
(5) The Korea Customs Service shall
be established under the Minister of Strategy and
Finance to take charge of the affairs on the imposition, reduction or exemption,
and
collection of customs, the customs clearance of imports and exports, and the control
of goods smuggling.
(6) One (1) Commissioner and one (1) Deputy Commissioner shall be assigned to the
Korea Customs Service. The Commissioner shall
be appointed in political service,
and the Deputy Commissioner shall be appointed from the state public officials in
extraordinary
civil service who belong to the Senior Civil Service.
(7) The Public Procurement Service shall be established under the Minister
of Strategy
and Finance to take charge of the affairs on the purchase, supply, and management
of goods (excluding military supplies)
ordered by the Government and affairs related
to important facility construction contracts made by the Government.
(8) One (1)
Administrator and one (1) Deputy Administrator shall be assigned to the Public
Procurement Service. The Administrator shall be appointed
in political service, and
the Deputy Administrator shall be appointed from state public officials in extraordinary
civil service
who belong to the Senior Civil Service.
(9) The Korea National Statistical Office shall be established under the Ministry of Strategy
and Finance to take charge of the affairs on establishing statistical standards, taking
censuses, and various statistics.
(10) One (1) Commissioner and one (1) Deputy Commissioner shall be assigned to the
Korea National Statistical Office. The Commissioner
shall be appointed in political
service, and the Deputy Commissioner shall be appointed from state public officials
in extraordinary
civil service who belong to the Senior Civil Service.
Article 24 (Ministry of Education, Science and Technology)
(1) The Minister
of Education, Science and Technology shall administer the affairs on
human resources development policies, school education, lifelong
education, sciences,
policy and research development on basic science, atomic energy, training of human
resources in science and
technology, and other affairs on the promotion of science
and technology.
(2) One (1) Assistant Minister may be assigned to the Ministry of Education, Science
and Technology.
86 Ministry of Government Legislation
Article 25 (Ministry of Foreign Affairs and Trade)
(1) The Minister of Foreign Affairs and Trade shall administer diplomatic relations,
administer trade negotiations with foreign countries, and conduct the general
management and coordination of trade negotiations
with foreign countries, administer
the coordination of duties on international relations, treaties and other international
agreements,
the protection of and support for Korean nationals abroad, the
policy-making on overseas Korean residents and perform research and
analysis on
international situations.
(2) A Chief Commissioner in charge of trade negotiations shall be assigned to the Ministry
of Foreign Affairs and Trade, and he/she
shall be appointed in political service.
(3) An Assistant Minister may be assigned to the Ministry of Foreign Affairs and Trade.
Article 26 (Ministry of Unification)
The Minister of Unification shall administer policy-making on unification and inter-Korean
dialogue, exchange and cooperation, education
on unification, and other affairs on
unification.
Article 27 (Ministry of Justice)
(1) The Minister of Justice shall administer prosecutions, penal administration, protection
of human rights, immigration control
and other legal affairs.
(2) The Public Prosecutors' Office shall be established under the Minister of Justice to
take charge of
the affairs of public prosecutors.
(3) The organization and the scope of functions of the Public Prosecutors' Office, and
other
necessary matters shall be separately determined by Act.
Article 28 (Ministry of National Defense)
(1) The Minister of National Defense shall administer the military and all military affairs
relating to national defense.
(2) An Assistant Minister may be assigned to the Ministry of National Defense.
(3) The Military Manpower Administration shall be
established under the Minister of
National Defense for the purpose of governing the enlistment, mobilization, and other
affairs
of the military service administration.
(4) An Administrator and a Deputy Administrator shall be assigned to the Military
Manpower Administration. The Administrator shall
be appointed in political service,
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and the Deputy Administrator shall be appointed from the state public officials in
extraordinary civil service who belong to the
Senior Civil Service.
(5) The Defense Acquisition Program Administration shall be established under the
Minister of National Defense
for the purpose of administering the improvement projects
of defense capability, the procurement of munitions, and the promotion
of defense
industries.
(6) An Administrator and a Deputy Administrator shall be assigned to the Defense
Acquisition Program Administration. The Administrator
shall be appointed in political
service, and the Deputy Administrator shall be appointed from state public officials
in extraordinary
civil service who belong to the Senior Civil Service.
Article 29 (Ministry of Public Administration and Security)
(1) The Minister
of Public Administration and Security shall manage the general affairs
of the State Council, the promulgation of Acts and subordinate
statutes and treaties,
the government organization and its prescribed number, the personnel, ethics, services
and pension management
of public officials, reward and decoration, government
innovation, administrative efficiency, e-government and information protection,
the
maintenance of government buildings, local government system, the business support
for, and finances and taxation of local
governments, support for underdeveloped regions,
and others, dispute conciliation between local governments, elections, referendum,
security management policies, and emergency preparation, civil defense and disaster
control system.
(2) The state administrative affairs, which do not fall under the jurisdiction of other central
administrative agencies, shall be
supervised by the Minister of Public Administration
and Security.
(3) An Assistant Minister may be assigned to the Ministry of Public Administration and
Security.
(4) The National Police Agency shall be established under the Minister of Public
Administration and Security to take charge of the
affairs on public peace and order.
(5) The organization and scope of functions of the National Police Agency and other
necessary
matters shall be separately determined by Act.
(6) The National Emergency Management Agency shall be established under the Minister
of Public Administration and Security to take charge of administrative affairs involving
fire fighting, disaster prevention, the
operation of civil defense and security
management.
88 Ministry of Government Legislation
(7) An Administrator and a Deputy Administrator shall be assigned to the National
Emergency Management Agency. The Administrator
shall be appointed from public
officials in political service or fire-fighting officers and the Deputy Administrator shall
be appointed
from fire-fighting officers or from the state public officials in
extraordinary civil service who belong to the Senior Civil Service.
In this case, either
the Administrator or the Deputy Administrator shall be appointed from fire-fighting
officers.
Article 30 (Ministry of Culture, Sports and Tourism)
(1) The Minister of Culture, Sports and Tourism shall administer the affairs
on culture,
arts, media, advertisement, publishing, publications, sports and tourism, and on
government information and statement.
(2) An Assistant Minister may be assigned to the Ministry of Culture, Sports and Tourism.
(3) The Cultural Heritage Administration
shall be established under the Minister of
Culture, Sports and Tourism to take charge of the affairs on cultural properties.
(4)
An Administrator and a Deputy Administrator shall be assigned to the Cultural Heritage
Administration. The Administrator shall be
appointed in political service and the
Deputy Administrator shall be appointed from the state public officials in extraordinary
civil service who belong to the Senior Civil Service.
Article 31 (Ministry for Food, Agriculture, Forestry and Fisheries)
(1)
The Minister for Food, Agriculture, Forestry and Fisheries shall administer the affairs
relating to agriculture, fisheries and livestock,
foods, farmland and irrigation, the
promotion of food industry, the development of farming and fishing communities and
the distribution
of agricultural and fishery products.
(2) One (1) Assistant Minister may be assigned to the Ministry for Food, Agriculture,
Forestry
and Fisheries.
(3) The Rural Development Administration shall be established under the Minister for
Food, Agriculture, Forestry and Fisheries for
the purpose of managing affairs
concerning rural development.
(4) One (1) Administrator and one (1) Deputy Administrator shall be assigned to the Rural
Development Administration. The Administrator
shall be appointed in political service,
and the Deputy Administrator shall be appointed from state public officials in
extraordinary
civil service who belong to the Senior Civil Service.
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(5) The Korea Forest Service shall be established under the jurisdiction of the Minister
for Food, Agriculture, Forestry and Fisheries
for the purpose of managing affairs
relating to forestry.
(6) One (1) Administrator and one (1) Deputy Administrator shall be assigned to the Korea
Forest Service. The Administrator shall
be appointed in political service, and the Deputy
Administrator shall be appointed from state public officials in extraordinary
civil
service who belong to the Senior Civil Service.
Article 32 (Ministry of Knowledge Economy)
(1) The Minister of Knowledge Economy shall administer the affairs on commerce, trade,
and industry, foreign investment, information
and communication industry, research and
development policies on industrial technology, energy and underground resources,
postal
service and postal money order, and postal transfer.
(2) One (1) Assistant Minister may be assigned to the Ministry of Knowledge Economy.
(3) The Small and Medium Business Administration
shall be established under the Minister
of Knowledge Economy to take charge of the affairs on small and medium businesses
enterprises.
(4) One (1) Administrator and one (1) Deputy Administrator shall be assigned to the Small
and Medium Business Administration. The
Administrator shall be appointed in political
service and the Deputy Administrator shall be appointed from the state public officials
in extraordinary civil service who belong to the Senior Civil Service.
(5) The Korean Intellectual Property Office shall be established
under the Minister of
Knowledge Economy to take charge of the affairs on patents, utility models, designs
and trademarks, and the
affairs related to their examination and trial.
(6) One (1) Administrator and one (1) Deputy Administrator shall be assigned to
the
Korean Intellectual Property Office. The Administrator shall be appointed in political
service and the Deputy Administrator
shall be appointed from the state public officials
in extraordinary civil service who belong to the Senior Civil Service.
Article
33 (Ministry of Health and Welfare)
(1) The Minister of Health and Welfare shall oversee the affairs on health and sanitation,
prevention of epidemics, administration
of medical and pharmaceutical matters,
livelihood assistance, self-support assistance, social security, children (including the
care of infants), the aged, and the disabled.
90 Ministry of Government Legislation
(2) The Korea Food and Drug Administration shall be established under the Minister of
Health and Welfare to take charge of the affairs
on the safety of foods and drugs.
(3) One (1) Administrator and one (1) Deputy Administrator shall be assigned to the Korea
Food
and Drug Administration. The Administrator shall be appointed in political
service and the Deputy Administrator shall be appointed
from state public officials
in extraordinary civil service who belong to the Senior Civil Service.
[This Article Wholly Amended
by Act No. 9932, Jan. 18, 2010]
Article 34 (Ministry of Environment)
(1) The Minister of Environment shall administer the affairs concerning the preservation
of the natural and living environment and
the prevention of environmental pollution.
(2) The Korea Meteorological Administration shall be established under the Minister of
Environment to take charge of meteorological affairs.
(3) One (1) Administrator and one (1) Deputy Administrator shall be assigned
to the Korea
Meteorological Administration. The Administrator shall be appointed in political
service, and the Deputy Administrator
shall be appointed from state public officials
in extraordinary civil service who belong to the Senior Civil Service.
Article 35
(Ministry of Employment and Labor)
The Minister of Employment and Labor shall generally handle employment policy and
administer the affairs relating to employment
insurance, vocational training, standards of
working conditions, workers' welfare, mediation of labor-management relations, industrial
safety and health, industrial accident compensation insurance, and other employment and
labor affairs.
[This Article Wholly Amended, Jun. 4, 2010]
Article 36 (Ministry of Gender Equality and Family)
The Minister of Gender Equality and Family shall administer the affairs relating
to the
planning and integration of policies for women, the elevation of women's status such
as the advancement of female rights
and benefits, and the juveniles and family (including
the affairs of children for multicultural family and sound family project).
[This Article Wholly Amended by Act No. 9932, Jan. 18, 2010]
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Article 37 (Ministry of Land, Transport and Maritime Affairs)
(1) The Minister of Land, Transportation and Maritime Affairs shall
administer the affairs
relating to the establishment and adjustment of comprehensive plan for national land,
the conservation,
utilization, and development of national land and water resources;,
the construction of cities, roads and housing, the protection
of coasts, rivers harbors,
and reclamation areas, the development of land transportation, maritime transportation,
railroad transportation,
and air services, the protection of the marine environment and
development of its resources, the conduct of marine surveys, the
research and
development of marine science and technology;, and the establishment of a maritime
safety tribunal.
(2) One (1) Assistant Minister may be assigned to the Ministry of Land, Transport and
Maritime Affairs.
(3) The Korea Coast Guard shall be established under the Minister of Land, Transportation
and Maritime Affairs to take charge of
policing at sea and the control of marine
pollution.
(4) One (1) Commissioner and one (1) Deputy Commissioner shall be assigned to the
Korea Coast Guard, and they shall be appointed
from police officers.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one month from the date of its promulgation: Provided,
That Article 4 (50) of the Addenda shall
enter into force on November 21, 2010, paragraph
(19) of the same Article on November 26, 2010, and paragraphs (10) and (11) on
January
1, 2011, and paragraph (60) of the same Article on January 1, 2012, respectively.
Article 2 (Transitional Measures concerning
Matters under Jurisdiction and
Public Officials, etc.)
(1) The affairs handled by the Minister of Labor at the time of the entry into force of
this Act shall be assumed by the Minister
of Employment and Labor.
(2) The public officials of the Ministry of Labor at the time of the entry into force of
this Act shall
be deemed public officials of the Ministry of Employment and Labor.
(3) The Ordinances of the Ministry of Labor at the time of entry
into force of this Act
92 Ministry of Government Legislation
shall be deemed Ordinances of the Ministry of Employment and Labor.
Article 3 (Transitional Measures concerning Public Notifications,
Dispositions,
and Continuous Acts pursuant to Previous Acts)
Public notifications, administrative dispositions, and other acts by administrative agencies
and applications, reports, and other
acts submitted to administrative agencies according
to the Acts amended by Article 4 of the Addenda before the entry into force
of this
Act shall be deemed acts of the administrative agencies or acts submitted to the
administrative agencies assuming the affairs
at issue according to the Acts amended by
Article 4 of the Addenda, respectively.
Articles 4 and 5 Omitted.
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