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Laws of the Republic of Korea |
Article 1 (Purpose)
The purpose of this Act is to lay the foundation for the research of Korean studies by establishing the Institute for the Translation of Korean Classics and collecting, arranging and translating classical documents, and thereby to contribute to the succession and development of traditional culture. Article 2 (Definitions)
For the purpose of this Act, the term "classical documents" shall mean documents, books and other records worth scientific research that were written in Chinese characters or Hangeul prior to the year 1909. Article 3 (Incorporation)
The Institute for the Translation of Korean Classics (hereinafter referred to as the "Translation Institute") shall be incorporated. Article 4 (Establishment)
(1) The Translation Institute shall be established by effecting registration at the location of its head office.
(2) The entries for the registration under paragraph (1) shall be as follows:
1. Purpose;
2. Name;
3. Location of its head office;
4. Name and address of directors; and
5. Method of public announcement. Article 5 (Articles of Incorporation)
(1) The articles of incorporation of the Translation Institute shall state the following matters:
1. Purpose;
2. Name;
3. Location of its head office;
4. Matters on its business and enforcement thereof;
5. Matters on its organization;
6. Matters on the operation of the board of directors;
7. Matters on directors and staff;
8. Matters on assets and accounting;
9. Matters on amendment of articles;
10. Matters on dissolution; and
11. Matters on the method of public announcement.
(2) The Translation Institute shall, when it intends to amend its articles of
incorporation, obtain authorization of the Minister of Education, Science and
Technology.
Article 6 (Business)
The Translation Institute shall conduct the following business:
1. Collection, arrangement and translation of classical documents;
2. Compilation, translation and popularization of classical documents;
3. Development of human resources for arrangement and translation of classical
documents;
4. Project for persons concerned with classical documents;
5. Exchange and cooperation both home and abroad related to classical
documents; and
6. Business incidental to business from paragraphs (1) through (5) as prescribed
in the articles of incorporation.
Article 7 (Appointment, etc. of Directors)
(1) The Translation Institute shall appoint not more than 15 trustees including
one director and not more than two auditors.
(2) The director shall be elected at the board of trustees, which shall be
authorized by the Minister of Education, Science and
Technology.
(3) Matters necessary with respect to the appointment of trustees and auditors
shall be prescribed by the articles of incorporation.
(4) Trustees excluding the director shall work on a part-time basis.
(5) The term of office of trustees including the director
shall be three years and
that of auditors shall be two years, and they may be reappointed.
Article 8 (Duties of Trustees)
(1) The director shall represent the Translation Institute, take the responsibility
for overall business of it, and direct and supervise
the staff thereof.
(2) Trustees shall attend the board of trustees, and discuss and decide important
matters of the Translation
Institute.
(3) Auditors shall audit the business and accounting of the Translation Institute.
Article 9 (Board of Trustees)
(1) The Translation Institute shall have the board of trustees to deliberate and
make decisions on the following matters:
1. Planning of business, budgeting and settling accounts;
2. Amendment of the articles of incorporation;
3. Election and appointment of trustees;
4. Acquisition, management and disposition of properties;
5. Management, operation and use of contributions;
6. Matters authorized by the articles of incorporation; and
7. Other important matters for the operation of the Translation Institute referred
to by the chief trustee or the director.
(2) The board of trustees shall consist of trustees including the director.
(3) The chief trustee shall be elected from among trustees,
and convene and
preside over the board of trustees. Provided, that when more than one third (1/3) of
registered trustees request
for the convocation of the board of trustees, the chief trustee
shall convene the board of trustees without delay.
(4) The board
of trustees shall pass a resolution by a majority vote of trustees
present at a meeting with more than a half of the registered
trustees present.
(5) The auditor may attend the board of trustees and state his/her opinions.
(6) Other matters necessary with
respect to the operation of the board of
trustees shall be prescribed by the articles of incorporation.
Article 10 (Office Structure
and Staff)
(1) The Translation Institute shall have the office structure and staff necessary
for the conduct of its business as determined
by the articles of incorporation.
(2) The staff of the Translation Institute shall be appointed and dismissed by the
director under
the conditions as determined by the articles of incorporation.
Article 11 (Classics Translation Committee)\
(1) The Translation Institute shall organize a committee for the translation of
classics (hereinafter referred to as the "Committee")
to select projects and objects for
translation under Article 6 and deliberate on matters pertaining to the order of priority
thereof.
(2) The director shall preside over the Committee and the committee members
shall be appointed from the following persons: 1. Any person who has been recommended by any institution concerned with
the collection, arrangement or translation of classical
documents;
2. Any person who has been recommended by any organizations that study
classical documents; or
3. Any official belonging to the Ministry of Education, Science and Technology
appointed by the Minister of Education, Science and
Technology.
(3) Matters necessary for the organization and operation of the Committee shall
be prescribed by the Presidential Decree.
Article 12 (Operating Funds)
The Translation Institute shall be operated with the following funds:
1. Contributions and subsidies by the state;
2. Donations; and
3. Other revenues.
Article 13 (Contribution or Subsidization)
(1) The state may contribute or subsidize expenses necessary for the business
and operation of the Translation Institute within
the scope of the budget.
(2) The Translation Institute shall submit a written request for the budget of
contribution for the following
year by the end of April of each business year to the
Minister of Education, Science and Technology under the conditions as determined
by
the Presidential Decree.
(1) The Translation Institute may request the state, local governments,
individuals, corporations and organizations that hold materials
necessary for the
business of arrangement, translation and research of classical documents to allow it read
or make a copy of or
lend them. In this case, the person so requested shall comply with
the request, unless there is particular reason not to do so.
(2) The Translation Institute shall pay a reasonable price to persons other than
the state and local governments when it has requested
for the perusal or duplication of
materials under paragraph (1).
Article 16 (Dispatch of Research Staff, etc.)
(1) The Translation Institute may, if it is particularly necessary to accomplish
its objectives and improve expertise, request the
state, local governments, educational
institutions and research institutions (hereinafter in this Article, "the state, etc.") to
dispatch personnel after holding consultation with the Minister of Education, Science
and Technology.
(2) The heads of state agencies, etc. who are requested under the provisions of
paragraph (1) may dispatch their staff to the Translation
Institute.
(3) Any person who is dispatched under paragraph (2) to the Translation
Institute shall be deemed to work at the institution
to which he/she originally belongs
while he/she works at the Translation Institute, and shall not be disadvantaged in the
aspect
of performance rating and remuneration for reason of the dispatch.
Article 17 (Fiscal Year)
The fiscal year of the Translation Institute shall conform to the fiscal year of the
government.
Article 18 (Submission of Business Plan, etc.)
The Translation Institute shall submit the business plan and the draft budget for
each fiscal year to the Minister of Education,
Science and Technology and obtain
his/her approval for them before the beginning of the fiscal year. The same shall apply
to the
amendment of important matters in the approved business plan and the budget.
Article 19 (Statement of Accounts)
The Translation Institute shall submit the statement of revenues and
expenditures for each fiscal year attached with the annual
record of business
performance by the end of March of the following year to the Minister of Education,
Science and Technology.
Any trustee, staff or any person who has taken charge of the affairs of the
Translation Institute shall not divulge secrets he/she
has acquired while performing
his/her duties or shall not use such secrets for purposes other than for performing his/her
duties.
Article 21 (Prohibition of Use of Similar Names)
Any organization other than the Translation Institute under this Act shall not
use the name, "the Institute for the Translation
of Korean Classics" or names similar
thereto.
Article 22 (Presumption as Public Officials in Application of Penal Provisions)
Any trustee and staff of the Translation Institute
shall be presumed as a public
official in the application of Articles 129 through 132 of the Criminal Act.
Article 23 (Applicability
of Civil Act)
The provisions regarding the foundation of the Civil Act shall apply mutatis
mutandis with respect to the Translation Institute
excluding the matters provided in this
Act.
Article 24 (Penal Provisions)
Any person who violates Article 20 shall be sentenced to imprisonment not
exceeding two years or by a fine not exceeding five million
won.
Article 25 (Fine for Negligence)
(1) Any person who violates Article 21 shall be imposed a fine for negligence
not exceeding two million won.
(2) The fine for negligence under paragraph (1) shall be imposed and collected
by the Minister of Education, Science and Technology
under the conditions as
determined by the Presidential Decree.
(4) When any person who has been disposed of the fine for negligence under
paragraph (2) has raised an objection under paragraph
(3), the Minister of Education,
Science and Technology shall notify the competent court of the fact and the competent
court that
has been notified shall put the case on trial pursuant to the Non-contentious
Case Litigation Procedure Act.
SUPPLEMENTARY PROVISIONS
Article 6 (Amendment of Other Act)
(1) through <110>: Omitted
<118> Part of the Institute for the Translation of Korean Classics is amended as
follows:
The term "the Minister of Education and Human Resources" in Articles 5 (2), 7
(2), 13 (2), 16 (1), in the first part of 18, 19 and
25 (2) through 25 (4) shall be amended
to "the Minister of Education, Science and Technology".
The term "the Ministry of Education
and Human Resources" in Article 11 (2) 3
shall be amended to "the Ministry of Education, Science and Technology" and the term
"the
Minister of Education and Human Resources" shall be amended to "the Ministry of
Education, Science and Technology".
<112> through <760>: Omitted
Article 7: Omitted
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