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Selected Statutes of the Republic of Korea |
제4편 행정일반 정부조직법
Wholly Amended by Act No. 8852, Feb. 29, 2008
Amended by Act No. 8867, Feb. 29, 2008
Act No. 9932, Jan. 18, 2010
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to establish the basic principles for the estab-
lishment, organization, and scope of functions of national administrative
agencies for the systematic and efficient performance of national admin-
istrative 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 Act.
(2) Except as specifically provided in this Act and other 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 Acts, the subsidiary
agency of the 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 sub-
sidiary 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 the conditions as prescribed
by Presidential Decree. In this case, the subsidiary organ whose title has
been provided otherwise shall be deemed to be Sil-jang (Chief of an office)
or Guk-jang (Director General of a bureau) in applying this Act.
(4) Except as provided by Act, the establishment of subsidiary organs
and the division of their affairs referred to in paragraph (3) shall be de-
termined by Presidential Decree: Provided, That the establishment and
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division of affairs of subsidiary organs prescribed by Presidential Decree
in accordance with paragraph (3) may be determined by Ordinance of the
Prime Minister or 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 the Minister, Vice Minister, Deputy
Administrator, Chief of an office, and Director General of a bureau there may be appointed, under the conditions as prescribed by
Presidential Decree,
an assisting agency to assist the said seniors in planning policies, devising plans, and conducting researches, surveys, examinations,
evaluations, pub-
lic information, etc.: Provided, That an assisting agency equivalent to
a subsidiary organ prescribed by Presidential Decree in accordance with
paragraph (3) may be appointed as determined by Ordinance of the Prime
Minister or 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 the public officials
in general service, public officials in extraordinary civil service and public officials in contractual service who belong to the
Senior Civil Service, and
in the case of the positions that can be only held by public officials in
specific service, such case shall be limited to a case 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 the state public officials in extra- ordinary civil service shall not exceed one 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
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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.
(8) If it is deemed that the expertism is especially necessary to perform
the competent duties, public officials in contractual service may also be appointed to any such positions as prescribed by 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 of subsidiary organs and assisting agencies of the admin- istrative agencies that are not the central administrative
agencies and
the seconded positions (referring to the positions that are held by seconded
public officials) of the administrative agencies.
(10) Proper position ranks or duty grades shall be given to Assistant
Ministers, subsidiary organs and assisting agencies of the central admin-
istrative agencies provided in this Act and the administrative agencies that are not the central administrative agencies.
Article 3 (Establishment of Special Local Administrative Agencies)
(1) Except as specifically prescribed by Act, each central administrative
agency may, if necessary for the performance of its affairs, have local admin- istrative agencies under its jurisdiction under the
conditions as determined
by Presidential Decree.
(2) A local administrative agency under paragraph (1) may combinedly carry out the competent affairs of other related central
administrative
agencies under the conditions as prescribed by Presidential Decree, where deemed efficient if carried out combinedly, in view of the
relevancy of affairs and regional particularities.
Article 4 (Establishment of Affiliated Institutions)
An administrative agency may, under the conditions as prescribed by
Presidential Decree, establish the institutions of experiment and research, of education and training, of culture, of medical
care, of manufacture,
and of advice, where deemed necessary for its competent affairs.
Article 5 (Establishment of Representative Administrative Organizations)
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An administrative agency may establish representative administrative or-
ganizations, such as an administrative committee, if necessary for the independent fulfillment of part of its competent duties, under
the conditions
as determined by Act.
Article 6 (Delegation or Entrustment of Authority)
(1) An administrative agency may delegate part of its competent affairs to its subsidiary organs or subordinate administrative agencies,
or entrust or delegate it to other administrative agencies and local governments or their subordinate agencies under the conditions
as determined by Acts and subordinate statutes. In this case, the delegated or entrusted organs may re-delegate part of their authorities
and responsibilities which are delegated or entrusted to their subsidiary organs or subordinate admin- istrative agencies where especially
necessary under the conditions as de- termined by Acts and subordinate statutes.
(2) Subsidiary organs shall, with respect to the affairs delegated under paragraph (1), carry out the relevant affairs in the capacity
of the admin- istrative agencies within the relevant scope.
(3) An administrative agency may entrust its competent matters involving
surveys, inspections, verifications, management, etc., that are not directly related to the rights and duties of citizens, to a juristic
person that is
not a local government, an organization, or its organs or other related
individuals, under the conditions as determined by Acts and subordinate statutes.
Article 7 (Authority and Responsibility of Head of Administrative Agency) (1) The head of each administrative agency shall take overall charge of 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 the Deputy Chiefs of the Prime Minister s Office) shall assist the head of his/her agency to administer the affairs under his/her jurisdiction and to direct and supervise his/her subordinate public officials, and shall act for the head of the agency where the said head is unable to perform his/her duties due to an accident: Provided, That when the head of an agency having two Vice Ministers or Deputy Administrators meets an accident, his/her duties shall be performed vicariously according to the order
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prescribed by 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 relevant administration, in devising important policies.
(5) The head of a ministry or agency may request that the Prime Minister
coordinate affairs of other administrative agencies related to affairs under his/her duties where deemed necessary to efficiently
promote his/her affairs.
Article 8 (Prescribed Number, etc. 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 determined by 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 posted at two or more administrative
agencies is combinedly managed, such prescribed number may be determined combinedly.
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, budget- ary 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.
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CHAPTER Ⅱ PRESIDENT
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 Acts and sub- ordinate statutes.
(2) The President may suspend or cancel any order or disposition by the
Prime Minister or the heads of central administrative agencies when deemed unlawful or unjust.
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 accidents,
the members
of the State Council shall act as Chairperson in 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 de- termined by 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) Those 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 in political service.
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(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 and other necessary matters for the special department referred to in paragraph (3)
shall be separately determined by Act.
Article 15 (National Intelligence Service)
(1) A National Intelligence Service shall be established under the President to handle the duties pertaining to information, protection
of public peace and criminal 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.
CHAPTER Ⅲ PRIME MINISTER
Article 16 (Prime Minister s Supervisory Powers on Administration) (1) The Prime Minister shall direct and supervise the heads of central administrative agencies under orders of the President.
(2) The Prime Minister may suspend or cancel any order or disposition by the heads of central administrative agencies upon approval by the President when deemed unlawful or unjust.
Article 17 (Minister for Special Affairs)
(1) One member of the State Council (hereinafter referred to as the Minister for Special Affairs ) may be established to perform
affairs specially des- ignated by the President or affairs specially designated by the Prime Minister under orders 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 respect to the performance of his/her official duties and the administrative direction and supervision, the management of social risk and conflict, and the review, evaluation, and regulation reform of each central administrative agency.
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(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 (Vicarious Execution of Prime Minister s Official Duties)
If the Prime Minister is unable to perform his/her official duties due to an accident, the member of the State Council designated
by the President, if designated, 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 laid 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 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.
CHAPTER Ⅳ EXECUTIVE MINISTRIES
Article 22 (Executive Ministries)
(1) The following executive Ministries shall be established under the general
control of the President: <Amended by Act No. 9932, Jan. 18, 2010>
1. Ministry of Strategy and Finance;
2. Ministry of Education, Science and Technology;
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3. Ministry of Foreign Affairs and Trade;
4. Ministry of Unification;
5. Ministry of Justice;
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 Labor;
14. Ministry of Gender Equality and Family;
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 develop-
ment; the formulation, overall control and coordination of economic and
financial policies; the compilation, execution and outcome management
of budget and fund; affairs on money, foreign exchange, National Treasury,
governmental accounting, internal tax system, customs, and international
finance; the management of public agencies; and affairs on economic cooper-
ation, state property, private investment and national debt.
(2) One Assistant Minister may be assigned to the Ministry of Strategy
and Finance.
(3) The National Tax Service shall be established under the Minister of
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Strategy and Finance to take charge of the affairs on the imposition, reduc-
tion or exemption, and collection of internal taxes.
(4) One Commissioner and one Deputy Commissioner shall be assigned
to the National Tax 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.
(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 Commissioner and one 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 Administrator and one 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
the 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
Minister of Strategy and Finance to take charge of the affairs on establishing
statistical standards, taking censuses, and various statistics.
(10) One Commissioner and one Deputy Commissioner shall be assigned
to the Korea National Statistical Office. The Commissioner shall be ap-
pointed 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.
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,
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lifelong education, and sciences, and on policy and research development
on basic science, atomic energy and the training of human resources in
science and technology, and other affairs on the promotion of science and
technology.
(2) One Assistant Minister may be assigned to the Ministry of Education,
Science and Technology.
Article 25 (Ministry of Foreign Affairs and Trade)
(1) The Minister of Foreign Affairs and Trade shall administer diplomacy, trade negotiations with foreign countries, and general management
and coordination of trade negotiations, coordination of duties on international relations, treaties and other international agreements,
protection of and support for Korean nationals abroad, policy-making on overseas Korean residents and 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 uni- fication, and other affairs on unification.
Article 27 (Ministry of Justice)
(1) The Minister of Justice shall administer prosecutions, penal admin- istration, 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<.. image removed ..>
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 military admin- istration, military command, and other military affairs relating
to national defense.
(2) An Assistant Minister may be assigned to the Ministry of National
Defense.
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(3) The Military Manpower Administration shall be established under the
Minister of National Defense for the purpose of administering 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 ap-
pointed in political service, and the Deputy Administrator shall be ap-
pointed 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 muni-
tions, and the fosterage 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 the 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 administer the affairs on the general affairs for the State Council,
the promulgation of Acts and subordinate statutes and treaties, government organization and its prescribed number, the personnel,
ethics, services and pension management of public officials, reward and decoration, government in- novation, administrative efficiency,
e-government and information pro- tection, the maintenance of government buildings, local government system, the business support
for, and finances and taxation of local governments, support for underdeveloped regions, etc., 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 conducted
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.
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(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.
(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 adminis- ter 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 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
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of administering affairs concerning rural development.
(4) One Administrator and one Deputy Administrator shall be assigned
to the Rural Development Administration. The Administrator shall be ap-
pointed 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 Korea Forest Service shall be established under the jurisdiction
of the Minister for Food, Agriculture, Forestry and Fisheries for the purpose
of administering affairs relating to forestry.
(6) One Administrator and one 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 the 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 com- munication industry, research and development policies on industrial tech- nology, energy and underground resources, postal
service and postal money order, and postal transfer. <Amended by Act No. 8867, Feb. 29, 2008>
(2) One 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.
(4) One Administrator and one 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 Administrator and one 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 ap-
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pointed 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 administer 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.
(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 Administrator and one 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 ap- pointed from the 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 Administrator and one Deputy Administrator shall be assigned
to the Korea Meteorological Administration. The Administrator shall be
appointed in political service, and the Deputy Administrator shall be ap-
pointed from the state public officials in extraordinary civil service who
belong to the Senior Civil Service.
Article 35 (Ministry of Labor)
The Minister of Labor shall administer the affairs relating to standards of working conditions, employment stabilization, vocational training, coun- termeasures against unemployment, employment insurance, industrial ac- cident compensation insurance, workers welfare, mediation of labor-man- agement relations, and other labor affairs.
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
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of women s status such as the advancement of female rights and benefits,
and the juveniles and family (including the affairs for the children for multicultural family and sound family project).
[This Article Wholly Amended by Act No. 9932, Jan. 18, 2010]
Article 37 (Ministry of Land, Transport and Maritime Affairs)
(1) The Minister of Land, Transport 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; coasts, rivers, harbors, and reclamation; land transportation, maritime transportation,
railroad, and air services; marine environment; marine surveys; development of marine resources; the research and develop- ment
of marine science and technology; and maritime safety tribunal. (2) One 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, Transport and Maritime Affairs to take charge of policing
at sea and the control of marine pollution.
(4) One Commissioner and one 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 on the date of its promulgation: Provided,
That part concerning promotion of food industry in amendments to Article
31 (1) shall enter into force on June 28, 2008, and amendments to Acts already promulgated but not yet enforced before the enforcement
of this
Act among Acts amended according to Article 6 of the Addenda shall enter
into force on the enforcement dates of the respective relevant Acts.
Article 2 (Transitional Measures concerning Matters under Jurisdiction, Public Officials, etc. pursuant to Closure and New Establishment of Organization)
(1) The functions of the heads of administrative agencies recorded in the
left column of the following list at the time of the entry into force of this
Act shall be succeeded to by the heads of administrative agencies recorded in the right column of the same list, respectively.
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제4편 행정일반 정부조직법
Functions under the jurisdiction of the Chief of Staff to the Office of the President | Chief of the Office of the President |
Functions under the jurisdiction of the Head of the Presidential Security Service | Chief of the Office of the President |
Functions falling under Article 18 (1) of this Act from among those under the jurisdiction of the Head of the Office for Government Policy Coordination | Chief of the Prime Minister s Office |
Functions falling under Article 18 (1) of this Act from among those under the jurisdiction of the Chief of Staff to the Prime Minister s Office | Chief of the Prime Minister s Office |
Functions falling under Article 23 (1) of this Act from among those under the jurisdiction of the Minister of Planning and Budget | Minister of Strategy and Finance |
Functions on social inclusion measures from among those under the jurisdiction of the Minister of Planning and Budget | Minister for Health, Welfare and Family Affairs |
Functions falling under Article 30 (1) of this Act from among those under the jurisdiction of the Administrator of the Government Information Agency | Minister of Culture, Sports and Tourism |
Functions falling under Article 23 (1) of this Act from among those under the jurisdiction of the Minister of Finance and Economy | Minister of Strategy and Finance |
Functions on consumer protection from among those under the jurisdiction of the Minister of Finance and Economy | Fair Trade Com- mission |
Functions falling under Article 24 (1) of this Act from among those under the jurisdiction of the Minister of Education and Human Resources Development | Minister of Edu- cation, Science and Technology |
Functions falling under Article 24 (1) of this Act from among those under the jurisdiction of the Minister of Science and Technology | Minister of Educa- tion, Science and Technology |
Functions falling under Article 32 (1) of this Act from among those under the jurisdiction of the Minister of Science and Technology | Minister of Knowledge Economy |
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Functions falling under Article 29 (1) of this Act from among those under the jurisdiction of the Minister of Government Administration and Home Affairs | Minister of Public Administration and Security |
Functions falling under Article 31 (1) of this Act from among those under the jurisdiction of the Minister of Agriculture and Forestry | Minister for Food, Agriculture, Forestry and Fisheries |
Functions on agricultural statistics from among those under the jurisdiction of the Minister of Agriculture and Forestry | Commissioner of the Korea National Statistical Office |
Functions under the jurisdiction of the Minister of Health and Welfare | Minister for Health, Welfare and Family Affairs |
Functions under the jurisdiction of the Government Youth Commission | Minister for Health, Welfare and Family Affairs |
Functions under the jurisdiction of the Minister of Culture and Tourism | Minister of Culture, Sports and Tourism |
Functions falling under Article 31 (1) of this Act from among those under the jurisdiction of the Minister of Maritime Affairs and Fisheries | Minister for Food, Agriculture, Forestry and Fisheries |
Functions falling under Article 32 (1) of this Act from among those under the jurisdiction of the Minister of Commerce, Industry and Energy | Minister of Knowledge Economy |
Functions on training of human resources in industrial technology from among those under the jurisdiction of the Minister of Commerce, Industry and Energy | Minister of Educa- tion, Science and Technology |
Functions falling under Article 29 (1) of this Act from among those under the jurisdiction of the Minister of Information and Communication | Minister of Public Administration and Security |
Functions on digital contents from among those under the jurisdiction of the Minister of Information and Communication | Minister of Culture, Sports and Tourism |
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제4편 행정일반 정부조직법
Functions falling under Article 32 (1) of this Act from among those under the jurisdiction of the Minister of Information and Communication | Minister of Knowledge Economy |
Functions falling under Article 33 (1) of this Act from among those under the jurisdiction of the Minister of Gender Equality and Family | Minister for Health, Welfare and Family Affairs |
Functions falling under Article 36 of this Act from among those under the jurisdiction of the Minister of Gender Equality and Family | Minister of Gender Equality |
Functions under the jurisdiction of the Minister of Construction and Transportation | Minister of Land, Transport and Maritime Affairs |
Functions falling under Article 37 (1) of this Act from among those under the jurisdiction of the Minister of Maritime Affairs and Fisheries | Minister of Land, Transport and Maritime Affairs |
(2) The public officials under the control of administrative agencies (exclud- ing those in political service) recorded in the left column of the following list at the time of the entry into force of this Act shall be deemed public officials under the control of administrative agencies recorded in the right column of the same list, and the public officials under the control of admin- istrative agencies to be abolished under this Act, who are not recorded on the left column of the following list (excluding those in political service), shall be deemed public officials under the control of administrative agencies as determined by Presidential Decree.
Presidential Secretariat | Office of the President, on conditions as Presidential Decree may determine |
Presidential Security Service | Office of the President, on conditions as Presidential Decree may determine |
Office for Government Policy Coordination | Prime Minister s Office or Ministry of Strategy and Finance, on conditions as Presidential Decree may determine |
Prime Minister s Secretariat | Prime Minister s Office, on conditions as Presidential Decree may determine |
Ministry of Planning and Budget | Ministry of Strategy and Finance or Ministry for Health, Welfare and Family Affairs, on conditions as Presi- dential Decree may determine |
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Government Information Agency | Ministry of Culture, Sports and Tourism, on conditions as Presidential Decree may determine |
Ministry of Finance and Economy | Ministry of Strategy and Finance or Fair Trade Commission, on conditions as Presidential Decree may determine |
Ministry of Education and Human Resources Development | Ministry of Education, Science and Technology, on conditions as the Presidential Decree may determine |
Ministry of Science and Technology | Ministry of Education, Science and Technology or Ministry of Knowledge Economy, on conditions as Presidential Decree may determine |
Ministry of Government Administration and Home Affairs | Ministry of Public Administration and Security, Prime Minister s Office or Ministry of Land, Transport and Maritime Affairs, on conditions as Presidential Decree may determine |
Ministry of Culture and Tourism | Ministry of Culture, Sports and Tourism |
Ministry of Agriculture and Forestry | Ministry for Food, Agriculture, Forestry and Fisheries or Korea National Statistical Office, on conditions as Presidential Decree may determine |
Ministry of Commerce, Industry and Energy | Ministry of Knowledge Economy or Ministry of Edu- cation, Science and Technology, on conditions as Presidential Decree may determine |
Ministry of Information and Communication | Ministry of Knowledge Economy, Ministry of Culture, Sports and Tourism or Ministry of Public Administration and Security, on conditions as Presidential Decree may determine |
Ministry of Health and Welfare | Ministry for Health, Welfare and Family Affairs |
Ministry of Gender Equality and Family | Ministry of Gender Equality or Ministry for Health, Welfare and Family Affairs, on conditions as Presi- dential Decree may determine |
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제4편 행정일반 정부조직법
Ministry of Construction and Transportation | Ministry of Land, Transport and Maritime Affairs |
Ministry of Maritime Affairs and Fisheries | Ministry for Food, Agriculture, Forestry and Fisheries or Ministry of Land, Transport and Maritime Affairs, on conditions as Presidential Decree may determine |
Government Youth Commission | Ministry for Health, Welfare and Family Affairs |
(3) Ordinances of the Prime Minister or Ministerial Ordinances related to the functions recorded in the left column of the list described
in para- graph (1) at the time of the entry into force of this Act shall be deemed Ordinances of the Prime Minister or Ministerial
Ordinances by the Prime Minister or the Ministers to which agencies recorded in the right column of the same list belong.
(4) The Chief of Staff to the Office of the President assigned according to the previous provisions at the time of the entry into
force of this Act shall be deemed to be assigned as the Chief of the Office of the President pursuant to the amended provision
of Article 14.
Article 3 (Transitional Measures concerning Public Notification, Disposi- tion and Continuous Act pursuant to Previous Acts)
Public notifications, administrative dispositions and other acts of admin-
istrative agencies and applications, reports and other acts submitted to
administrative agencies according to the Acts amended by Article 6 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 succeeding to the relevant affairs according to the Acts amended
by Article 6 of the Addenda, respectively.
Article 4 (Transitional Measures concerning Administrative Affairs, etc. on Radio Wave and Communication)
(1) Notwithstanding the amended provision of Article 32, the Minister
of Knowledge Economy shall take charge of the administrative affairs on
radio wave and communication only until the relevant Act is enacted and
an administrative agency to undertake the said affairs is separately
established.
(2) Notwithstanding the amended provision of Article 32, the public offi-
cials in charge of the administrative affairs on radio wave and communication
shall be deemed public officials under the control of the Ministry of
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Knowledge Economy only until the relevant Act is enacted and an admin-
istrative agency to undertake the said affairs is separately established.
Article 5 (Transitional Measures concerning Personnel Hearing)
(1) A request made by the President-elect for a personnel hearing on any candidate for the State Council member recorded in the left column of the following list pursuant to Article 5 of the Presidential Transition Act prior to the entry into force of this Act shall be deemed a request for the personnel hearing on the candidate for the State Council member con- cerned recorded in the right column of the same list, respectively.
Candidate for the State Council member (Minister of Finance and Economy) | Candidate for the State Council member (Minister of Strategy and Finance) |
Candidate for the State Council member (Minister of Education and Human Resources Development) | Candidate for the State Council member (Minister of Education, Science and Technology) |
Candidate for the State Council member (Minister of Foreign Affairs and Trade) | Candidate for the State Council member (Minister of Foreign Affairs and Trade) |
Candidate for the State Council member (Minister of Unification) | Candidate for the State Council member (Minister of Unification) |
Candidate for the State Council member (Minister of Justice) | Candidate for the State Council member (Minister of Justice) |
Candidate for the State Council member (Minister of National Defense) | Candidate for the State Council member (Minister of National Defense) |
Candidate for the State Council member (Minister of Government Administration and Home Affairs) | Candidate for the State Council member (Minister of Public Administration and Security) |
Candidate for the State Council member (Minister of Culture and Tourism) | Candidate for the State Council member (Minister of Culture, Sports and Tourism) |
Candidate for the State Council member (Minister of Agriculture and Forestry) | Candidate for the State Council member (Minister for Food, Agri- culture, Forestry and Fisheries) |
Candidate for the State Council member (Minister of Commerce, Industry and Energy) | Candidate for the State Council member (Minister of Knowledge Economy) |
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제4편 행정일반 정부조직법
Candidate for the State Council member (Minister of Health and Welfare) | Candidate for the State Council member (Minister for Health, Welfare and Family Affairs) |
Candidate for the State Council member (Minister of Environment) | Candidate for the State Council member (Minister of Environment) |
Candidate for the State Council member (Minister of Labor) | Candidate for the State Council member (Minister of Labor) |
Candidate for the State Council member (Minister of Gender Equality and Family) | Candidate for the State Council member (Minister of Gender Equality) |
Candidate for the State Council member (Minister of Construction and Transportation) | Candidate for the State Council member (Minister of Land, Transport and Maritime Affairs) |
(2) A personnel hearing held with respect to any candidate for the State Council member recorded in the left column of the list described
in para- graph (1) upon a request made by the President-elect pursuant to Article
5 of the Presidential Transition Act prior to the entry into force of this Act shall be deemed the personnel hearing held for the
candidate for the State Council member concerned recorded in the right column of the same list.
Article 6 Omitted.
Article 7 (Relationship to other Acts and Subordinate Statutes pursuant to Closure and New Establishment of Organization)
Where any other Act or subordinate statute (including the Acts and sub-
ordinate statutes already promulgated but not yet enforced prior to the
entry into force of this Act) cites the competent administrative agency,
the head or public officials thereof, or Ordinance of the Prime Minister
or Ministerial Ordinance issued by the administrative agency concerned
with respect to the affairs recorded in the left column of the list described
in Article 2 (1) of the Addenda, at the time of the entry into force of
this Act, it shall be deemed to cite the competent administrative agency,
the head or public officials thereof, or Ordinance of the Prime Minister
or Ministerial Ordinance issued by the administrative agency concerned
recorded in the right column of the same list, respectively.
ADDENDA <Act No. 8867, Feb. 29, 2008>
Article 1 (Enforcement Date, etc.)
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This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation: Provided, That Article 4 (24) of the Addenda shall enter into force on April 2, 2010, paragraphs (11) and (107) of the same Article shall enter into force on December 30, 2010, and paragraphs (26) and (31) of the same Article shall enter into force on January 1, 2011, respectively.
Article 2 (Transitional Measures concerning Matters under Jurisdiction, Public Officials, etc. pursuant to Adjustment of Functions)
(1) The functions of the heads of administrative agencies recorded in the
left column of the following Table at the time this Act enters into force
shall be succeeded to by the heads of administrative agencies recorded
in the right column of the same Table, respectively.
(2) The public officials under the control of the Ministry of Gender Equality shall be deemed as those under the jurisdiction of the
Ministry of Gender Equality and Family, and the public officials under the control of the Ministry for Health, Welfare and Family
Affairs shall be deemed as those under the jurisdiction of the Minister of Health and Welfare at the time this Act enters into force;
the public officials prescribed by Presidential Decree from among those under the control of the Ministry for Health, Welfare and
Family Affairs shall be deemed as those under the Ministry of Gender Equality and Family.
(3) The Ordinance of the Ministry related to the matters recorded in the left column of the Table under paragraph (1) at the time
this Act enters
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제4편 행정일반 정부조직법
into force shall be deemed as that of the agency recorded in the right
column of the same Table.
Article 3 (Transitional Measures concerning Public Notification, Disposi- tion and Pending Conduct by Previous Act)
Any public notification or administrative disposition made by the admin-
istrative agency, any other conduct by the administrative agency and any
application or report to the administrative agency and other conduct under
the amended Acts referred to in Article 4 of the Addenda before this Act
enters into force shall be deemed as the conduct of or to the administrative
agency which succeeds the relevant matters under the amended Acts referred
to in Article 4 of the Addenda.
Article 4 Omitted.
Article 5 (Relationship with other Acts and Subordinate Statutes) Where the competent administrative agency, the head of the administrative agency or any public official under its control, or the Ordinance of the administrative agency is cited by other Acts and subordinate statutes (including those promulgated before this Act enters into force but their enforcement date has not arrived yet) at the time this Act enters into force in connection with the matters recorded in the left column of the Table under Article 2 (1) of the Addenda, it shall be deemed that the administrative agency, the head of the administrative agency or the public official under its jurisdiction, or the Ordinance of the administrative agency recorded in the right column of the same Table has been cited, respectively.
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