ACT ON THE ESTABLISHMENT AND MANAGEMENT OF COUNCILS, COMMISSIONS AND COMMITTEES UNDER ADMINISTRATIVE AGENCIES

ACT ON THE ESTABLISHMENT AND MANAGEMENT OF COUNCILS, COMMISSIONS AND COMMITTEES UNDER ADMINISTRATIVE AGENCIES

[Enforcement Date 12. Nov, 2015.] [Act No.13462, 11. Aug, 2015., Partial Amendment]

행정안전부  ( 경제조직과) , 02-2100-4452, 4461

Article 1 (Purpose)

The purpose of this Act is to contribute to improving democracy, transparency and efficiency in the operation of committees by prescribing matters necessary for the establishment and operation of committees belonging to administrative agencies.
 

Article 2 (Basic Principles)(1) The head of an administrative agency shall effectively coordinate interests concerning major policies, arrange for related administrative agencies to systematically reach an agreement and have consultation, and conduct administration democratically and efficiently by fairly and appropriately operating committees (referring to collegiate organizations comprised of several members to provide advice as requested on, coordinate, consult, deliberate or pass a resolution on affairs under the jurisdiction of an administrative agency, regardless of the name thereof, such as a committee, council, conference, etc.; hereinafter the same shall apply).

(2) No committee shall provide advice as requested on, coordinate, consult about, deliberate, or pass a resolution on matters that restrict the people's rights or impose duties on the people beyond functions and powers prescribed by statutes.
 

Article 3 (Scope of Application)(1) This Act shall apply to the following committees belonging to administrative agencies:

1. The President and agencies under his/her control;

2.The Prime Minister and agencies under his/her control;

3. Central administrative agencies and agencies belonging thereto under Article 2 (2) of the Government Organization Act.

(2) Notwithstanding the provisions of paragraph (1), this Act shall not apply to committees established under the Constitution and committees established as central administrative agencies under other Acts pursuant to Article 2 (2) of the Government Organization Act: Provided, That this shall not apply where a committee is established and operated in a committee established as a central administrative agency.
 

Article 4 (Relationship with other Acts)

Where other Acts on the establishment and operation of committees are enacted or amended, such other Acts shall be enacted or amended in line with the purpose and basic principles of this Act.
 

Article 5 (Requirements for Establishment of Committees)(1) Where a collegiate administrative agency (hereinafter referred to as "administrative committee") is established pursuant to Article 5 of the Government Organization Act, it shall meet the following requirements:

1. The details of the business thereof need to be determined by hearing the opinion of persons who have expert knowledge or experience;

2.The business thereof shall be conducted following the prudent procedures due to the nature of the business thereof;

3. The business thereof shall not overlap with the business of any existing administrative agency, but shall have originality;

4. The business thereof shall have continuity and constancy.

(2) Committees excluding an administrative committee (hereinafter referred to as "consultative committee, etc,") shall meet the requirements under paragraph (1) 1 and 2.
 

Article 6 (Procedures, etc. for Establishment of Committees)(1) Where the head of an administrative agency (where there exists the head of a central administrative agency in charge of the operation, such as the performance of a role as the administrative secretary, etc., of any committee under the control of the President and the Prime Minister, referring to the head of such central administrative agency; hereinafter the same shall apply) intends to establish a committee, he/she shall consult with the Minister of the Interior in advance. In such cases, the scope of committees subject to consultation shall be prescribed by Presidential Decree.  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>

(2) Where the head of an administrative agency establishes a committee, he/she shall stipulate the following matters in statutes: Provided, That in cases falling under subparagraph 4, the foregoing shall be limited to cases where a fair and objective deliberation or resolution is particularly required, such as authorization or permission, dispute settlement, etc., which are related to the rights and obligations of the citizens:  <Amended by Act No. 13462, Aug. 11, 2015>

1. The objectives of establishment, functions, and nature;

2. The composition and the term of office of the committee members;

3. The term for existence of the committee (if such term exists);

4. Grounds for disqualification of, exclusion of, challenge to, and voluntary refrainment by a member of the committee;

5. Matters prescribed by Presidential Decree, such as the convocation of meetings and the quorum required for resolution of the committee.

(3) Where the head of an administrative agency establishes a committee necessary for cases that require a fair and objective deliberation or resolution, such as authorization or permission, dispute settlement, etc. which are related to the rights and obligations of the citizens, he/she shall take a measure necessary to stipulate matters concerning legal fiction of public officials for the purposes of penalty provisions for a non-public official committee member (including a member of a subcommittee, etc. established under Article 8 (3)) in any related Acts.  <Amended by Act No. 13462, Aug. 11, 2015>

(4) The head of an administrative agency shall prepare, for fair and objective operation of a committee, a criteria for discharge or dismissal of a member of the committee who is deemed to be inappropriate to maintain the position of a committee member due to malfeasance, etc. in relation to his/her duties.  <Newly Inserted by Act No. 13462, Aug. 11, 2015>

(5) Except as provided for in paragraphs (1) through (4), necessary matters concerning the method and procedure for establishment of a committee shall be determined by Presidential Decree.  <Newly Inserted by Act No. 13462, Aug. 11, 2015>
 

Article 7 (Restrictions, etc. on Establishment of Overlapping Committees)(1) No head of any administrative agency shall establish or operate a committee overlapping in nature and functions with a committee established under such agency or related agency.

(2) The head of an administrative agency shall connect multiple committees that are similar or related in their characteristics or functions into a system of one committee, subcommittees, and standing expert committees, and operate such system.  <Newly Inserted by Act No. 13462, Aug. 11, 2015>

(3) The head of an administrative agency shall endeavor to establish or operate an integrated committee to reflect opinions of experts from various sectors on policies under his/her jurisdiction to prevent an unnecessary consultative committee, etc. from being established.
 

Article 8 (Composition of Committees)(1) A committee shall be comprised of non-standing members in the appropriate number of persons necessary to efficiently achieve the objectives of the establishment thereof: Provided, That in special cases prescribed by Presidential Decree, such as an administrative committee, etc., it may have the minimum standing members necessary to achieve the objectives thereof.

(2) Except in special cases prescribed by Presidential Decree, a term of office of a non-public official member shall not exceed three years.

(3) If necessary for efficiently operating a committee, a subcommittee, etc. may be established under the committee.

(4) The head of an administrative agency shall appoint or commission persons who have extensive expert knowledge or experience in related fields within the minimum period from the date on which the statutes concerning the establishment and operation of committees enter into force.

(5) In addition to matters prescribed in paragraphs (1) through (4), necessary matters concerning the composition of a committee shall be prescribed by Presidential Decree.
 

Article 9 (Operation of Committees)(1) The head of an administrative agency shall notify the committee members of the meeting schedule, agenda, etc. by seven days before he/she holds a meeting: Provided, That this shall not apply where he/she needs to hold a meeting due to emergency or in cases prescribed by Presidential Decree, such as matters related to the national security, etc.;

(2) Except in cases prescribed by Presidential Decree, such as cases where the details of the agenda are insignificant, etc., a committee shall be held by a meeting attended by the members thereof (including a video conference).

(3) Where there exists an interested party related to the agenda of a meeting, a committee shall hear his/her opinion or have him/her attend the relevant meeting.

(4) A committee shall be operated fairly to prevent a specific committee member from unfairly delivering or passing a resolution on any agenda.

(5) In addition to matters prescribed in paragraphs (1) through (4), necessary matters concerning the operation of a committee shall be prescribed by Presidential Decree.
 

Article 10 (Secretariats, etc. of Committees)(1) An administrative committee may have the minimum secretariat required, and matters concerning the composition and the legally fixed number of officials of the secretariat shall be prescribed by Presidential Decree stipulating the organization and the legally fixed number of officials of an administrative agency.

(2) No secretariat shall be established in a consultative committee, etc. or employees, such as standing expert members shall be assigned to such committee: Provided, That this shall not apply to a committee, if it is impractical for the head of an administrative agency to directly support the committee's business, meeting the requirements prescribed by Presidential Decree.
 

Article 11 (Term for Existence of Committees)(1) Where the head of an administrative agency establishes an administrative committee that he/she needs to operate temporarily pursuant to Article 5 of the Government Organization Act, he/she shall determine the term for existence thereof within the minimum period required to achieve the objectives thereof and stipulate the same in the Act.

(2) Where no apparent grounds exist to maintain a consultative committee, etc. when the head of an administrative agency establishes it, he/she shall determine the term for existence thereof and stipulate the same in statutes. In such cases, he/she shall set the term for existence thereof within the minimum period required to achieve the objectives thereof, and such term shall not exceed five years in principle.

(3) Except for a consultative committee, etc. prescribed by Presidential Decree, such as a consultative committee the term for existence of which has been determined under paragraph (2), the head of an administrative agency shall verify every two years whether to maintain any of the consultative committee, etc. under his/her jurisdiction and submit the results thereof to the Minister of the Interior.  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>

(4) Where the Minister of the Interior deems it necessary to abolish, etc. a consultative committee based on the results of verification submitted under paragraph (3), he/she shall include the results thereof in a readjustment plan under Article 14 (1).  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>

(5) Matters necessary for verification, etc. as to whether to maintain a consultative committee, etc. under paragraph (3) shall be prescribed by Presidential Decree.
 

Article 12 (Allowances)

The head of an administrative agency may pay an allowance to a committee member who attends a committee meeting within budget limits: Provided, That this shall not apply where a public official member attends a committee meeting directly related to his/her business.
 

Article 13 (Notification, etc. of Current Status and Details of Activities of Committees)(1) Where a committee is established, the head of an administrative agency shall notify the Minister of the Interior of the following current status of the committee without delay after it is established: Provided, That committees prescribed by Presidential Decree, such as committees established under each administrative agency in common pursuant to other statutes, shall be excluded from the committees subject to notification, and the head of an administrative agency may determine the scope of notification in consultation with the Minister of the Interior on the committees subject to non-disclosure pursuant to other statutes:  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>

1. The composition and functions of the committee;

2. An operating plan of the committee, such as the holding of committee meetings;

3. Matters prescribed by Presidential Decree, such as human resources for the operation of the committee and the current status of budget.

(2) The head of an administrative agency shall notify the Minister of the Interior of detailed statements of activities, such as the details of the execution of budget and the outcomes of operation, of the committees under his/her jurisdiction each year: Provided, That he/she may exclude committees prescribed by Presidential Decree, such as committees established in each administrative agency in common pursuant to other statutes, from the committees subject to notification, and determine the scope of notification in consultation with the Minister of the Interior on the committees subject to non-disclosure pursuant to other statutes.  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>

(3) The head of an administrative agency shall prepare the minutes, shorthand notes, or recording of committees specifically and conscientiously pursuant to Article 17 (2) of the Public Records Management Act.
 

Article 14 (Inspection on Activities of Committees)(1) The Minister of the Interior shall inspect the current status and detailed statements of activities of committees notified pursuant to Article 13 (1) and (2) and formulate a readjustment plan concerning the correction and supplement of the operation of committees, the integration or discontinuance of committees, and similar matters.  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>

(2) To conduct business under paragraph (1), the Minister of the Interior may ascertain detailed statements of activities, etc. of committees or require relevant administrative agencies to submit related materials.  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>

(3) The head of an administrative agency requested to submit related materials pursuant to paragraph (2) shall comply with such request in the absence of special circumstances.

(4) The Minister of the Interior may recommend the head of an administrative agency to take necessary measures according to a readjustment plan under paragraph (1).  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>

(5) The head of an administrative agency shall notify, without delay, the Minister of the Interior of the results of measures taken upon recommendation under paragraph (4).  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
 

Article 15 (Disclosure of Operation of Committees and Reporting to the National Assembly)(1) The head of an administrative agency shall disclose the current status, detailed statements of activities, and similar matters of committees in accordance with Article 13 (1) and (2) on its Internet website, etc., and report the same to the competent standing committee of the National Assembly of the Republic of Korea as prescribed by Presidential Decree.

(2) The Minister of the Interior shall prepare a report concerning the current status of the operation of committees, in which a readjustment plan of committees formulated under Article 14, the results of measures taken, and similar matters are integrated, and annually submit the same to the National Assembly of the Republic of Korea before a regular session of the National Assembly is held.  <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
 

부칙  ADDENDA <Act No. 11690,  Mar. 23,  2013>

Article 1 (Enforcement Date) 

부칙  ADDENDA <Act No. 12844,  Nov. 19,  2014>

Article 1 (Enforcement Date) 

부칙  ADDENDUM <Act No. 13462,  Aug. 11,  2015>

This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisons of Article 6 (3) shall enter into force one year after the date of its promulgation.