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INSTITUTE FOR THE TRANSLATION OF KOREAN CLASSICS ACT

Institute for the Translation of Korean Classics Act [Enforcement: Feb. 29, 2008] [Act No. 8852, Feb. 29, 2008, Amendment of Other Act] Ministry of Education, Science and Technology (Humanities and Social Sciences Research Division) 02-2100-6881~82

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. Article 14 (Gratuitous Lending of State Properties) The state may gratis lend or transfer the Academy the state or public properties necessary for the establishment and fosterage of the Translation Institute or allow the Translation Institute to use such properties or receive benefits from such properties gratuitously, notwithstanding the provisions of the State Properties Act if it is necessary for the establishment and operation of the Translation Institute. Article 15 (Cooperation for Business)

(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. Article 20 (Confidentiality)

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. (3) Any person who has been disposed of the fine for negligence under paragraph (2) may raise an objection within 30 days from the date of receipt of the disposition to the Minister of Education, Science and Technology.

(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. (5) The fine for negligence for which an objection has not been raised and that has not been paid within the period under paragraph (3) shall be collected according to the example of national tax in arrears.

SUPPLEMENTARY PROVISIONS This Act shall enter into force on the date of its promulgation. (Omitted) Provided, that parts of Acts that are amended under Article 6 of this Supplementary Provisions shall enter into force when the enforcement date of such Acts arrives although such Acts were promulgated before the enforcement of this Act. Articles 2 through 5: Omitted

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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