Article 1(Purpose) #
The purpose of this Act is to promote the livelihood security and welfare of public officials of local governments or persons engaged or formerly engaged in local administrative affairs by establishing and operating an efficient benefit association system through the establishment of the Public Officials Benefit Association of Korea.
[This Article Wholly Amended on Oct. 22, 2012]
Article 2(Corporation and registration) #
(1) The Public Officials Benefit Association of Korea (hereinafter referred to as the “Association”) shall be a corporation.
(2) The Association shall be incorporated upon registration of its establishment at the location of its principal office.
[This Article Wholly Amended on Oct. 22, 2012]
Article 3(Office) #
(1) The principal office of the Association shall be located in Seoul Metropolitan City; provided, it may be located outside Seoul Metropolitan City as prescribed by the articles of incorporation, if necessary.
(2) The Association may establish branch offices as prescribed by the articles of incorporation, if necessary.
[This Article Wholly Amended on Oct. 22, 2012]
Article 4(Prohibition of political activities) #
(1) The Association shall not engage in any political activity.
(2) No officers of the Association shall become members of political parties.
[This Article Wholly Amended on Oct. 22, 2012]
Article 5(Articles of incorporation) #
(1) The articles of incorporation of the Association shall include the following matters:
1. Purpose;
2. Name;
3. Matters concerning the principal office and branch offices;
4. Eligibility for membership, and procedures for joining and withdrawal;
5. Rights and obligations of members;
6. Assets and membership contributions;
7. Benefits for members;
8. The general meeting of delegates and the management committee;
9. Organization and structure;
10. Officers and employees;
11. Projects and execution of business;
12. Budget, settlement of accounts, and accounting;
13. Other matters necessary for the operation of the Association.
(2) Any amendment to the articles of incorporation shall require a resolution of the general meeting of delegates and approval from the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Oct. 22, 2012]
Article 6(Prohibition of use of similar names) #
No entity other than the Association under this Act shall use the name “Public Officials Benefit Association of Korea” or any similar name.
[This Article Added on Oct. 16, 2018]
Article 7(Eligibility for membership and rights and obligations of members) #
(1) Members of the Association shall be classified into regular members and special members.
(2) A person who falls under any of the following subparagraphs shall be eligible to become a regular member; provided, educational public officials, police officials, and firefighting officials shall be excluded: <Amended on Dec. 26, 2023>
1. Public officials working for local governments;
2. Public officials engaged in local administrative affairs as prescribed by the articles of incorporation;
3. Public officials who have temporarily been assigned to duties other than local administrative affairs after having been in charge thereof, as prescribed by the articles of incorporation;
4. Officers and employees of the Association;
5. Other persons prescribed by the articles of incorporation.
(3) A person who has retired from a position specified in any subparagraph of paragraph (2) and who is prescribed by the articles of incorporation shall be eligible to become a special member; provided, the rights and obligations of special members may be prescribed differently by the articles of incorporation.
(4) A person shall acquire membership by submitting an application for membership and paying the initial contribution.
(5) A member shall have the right to receive benefits and loans and to use welfare facilities as prescribed by the articles of incorporation, and shall be obligated to pay contributions and cooperate in the operation of the Association.
(6) Where a member loses their eligibility or voluntarily withdraws from the Association, they may claim a refund of their contributions, etc., in accordance with the articles of incorporation.
[This Article Wholly Amended on Oct. 22, 2012]
Article 8(Organization) #
(1) The Association shall have a general meeting of delegates and a management committee as its decision-making bodies; a chief executive officer and officers as its executive bodies; and auditors as its auditing body.
(2) The Association shall have necessary administrative departments and staff members as prescribed by the articles of incorporation for the performance of its duties.
[This Article Wholly Amended on Oct. 22, 2012]
Article 9(Delegates) #
(1) Delegates shall be elected from among the members in accordance with the articles of incorporation.
(2) The number of delegates shall be prescribed by the articles of incorporation within the limit of 300.
(3) The term of office of a delegate shall be 3 years.
[This Article Wholly Amended on Oct. 22, 2012]
Article 10(General meeting of delegates) #
(1) The general meeting of delegates shall be composed of delegates elected pursuant to Article 9.
(2) The general meeting of delegates shall adopt resolutions on the following matters:
1. Amendment to the articles of incorporation;
2. Election of the Chief Executive Officer, directors, and auditors;
3. Review of the basic business plan and budget;
4. Approval of the settlement of accounts;
5. Matters deemed necessary by the board of directors or the management committee to be resolved by the general meeting of delegates;
6. Other matters prescribed by the articles of incorporation.
(3) The general meeting of delegates shall consist of regular meetings and extraordinary meetings.
(4) A regular meeting shall be convened once a year by the Chief Executive Officer as prescribed by the articles of incorporation.
(5) An extraordinary meeting may be convened by the Chief Executive Officer when deemed necessary; provided, if at least 1/3 of all incumbent delegates request the meeting, the Chief Executive Officer shall convene it within 14 days.
(6) Matters necessary for the operation of the general meeting of delegates shall be prescribed by the articles of incorporation.
[This Article Wholly Amended on Oct. 22, 2012]
Article 11(Management committee) #
(1) The management committee shall be composed of the following members:
1. The Chief Executive Officer;
2. 6 delegates elected by the general meeting of delegates.
(2) The management committee shall adopt resolutions on the following matters:
1. Enactment, amendment, or repeal of regulations;
2. Detailed plans concerning business operations;
3. Matters to be referred to the general meeting of delegates;
4. Matters delegated by the general meeting of delegates;
5. Other important matters related to the execution of business.
(3) Matters necessary for the operation of the management committee shall be prescribed by the articles of incorporation.
[This Article Wholly Amended on Oct. 22, 2012]
Article 12(Fixed number of officers) #
The fixed number of officers of the Association shall be determined within the following limits by the articles of incorporation:
1. 1 Chief Executive Officer;
2. 4 directors;
3. 2 auditors.
[This Article Wholly Amended on Oct. 22, 2012]
Article 13(Appointment and term of office of officers) #
(1) The Chief Executive Officer and directors shall be elected by the general meeting of delegates and shall obtain approval from the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Auditors shall be elected by the general meeting of delegates.
(3) The term of office of the Chief Executive Officer and directors shall be 3 years, and the term of office of auditors shall be 2 years; provided, the Chief Executive Officer and directors may be reappointed once as prescribed by the articles of incorporation, and if a vacancy occurs during the term, the term of office of the successor shall be the remainder of the predecessor’s term.
[This Article Wholly Amended on Oct. 22, 2012]
Article 14(Duties of officers) #
(1) The Chief Executive Officer shall represent the Association, serve as the chairperson of the general meeting of delegates and as the chairperson of the management committee, and oversee the operations and af fairs of the Association.
(2) Each director shall perform the affairs of the Association assigned to them as prescribed by the articles of incorporation, and in the event the Chief Executive Officer is unable to perform their duties due to unavoidable circumstances, a director shall act on their behalf as prescribed by the articles of incorporation.
(3) Auditors shall audit the accounting and business execution of the Association.
[This Article Wholly Amended on Oct. 22, 2012]
Article 15(Appointment and dismissal of employees) #
Employees of the Association shall be appointed and dismissed by the Chief Executive Officer.
[This Article Wholly Amended on Oct. 22, 2012]
Article 16(Projects) #
(1) The Association shall conduct the following projects to achieve its purpose:
1. Provision of benefits to members;
2. Establishment and operation of welfare facilities for members;
3. Projects for the formation of funds.
(2) The Association may conduct profit-making projects within the scope necessary to achieve its purpose.
[This Article Wholly Amended on Oct. 22, 2012]
Article 16-2(Processing of sensitive information and unique identification information) #
(1) Where it is unavoidable for the performance of the following affairs, the Association may, with the consent of the data subject, process data containing health information under Article 23 of the Personal Information Protection Act and unique identification information under Article 24 of that Act:
1. Affairs concerning membership contributions under Article 7 (4) through (6);
2. Affairs concerning the provision of benefits and loans to members (including surviving family members of members) under Article 7 (5);
3. Affairs concerning various welfare services for members under Article 16 (1) 2.
(2) When processing data containing the information under paragraph (1), the Association shall protect such information in accordance with the Personal Information Protection Act.
[This Article Added on Oct. 15, 2014]
Article 17(Finances) #
(1) The finances of the Association shall be covered by membership contributions and other income.
(2) Where it is deemed necessary for the protection and development of the Association, the State and local governments may grant subsidies.
[This Article Wholly Amended on Oct. 22, 2012]
Article 18(Fiscal year) #
The fiscal year of the Association shall begin on January 1 and end on December 31.
[This Article Wholly Amended on Oct. 22, 2012]
Article 19(Budget and settlement of accounts) #
(1) The Association shall prepare a budget that outlines total revenues and total expenditures for the following fiscal year and shall obtain the approval of the Minister of the Interior and Safety after a resolution by the general meeting of delegates at least 1 month prior to the beginning of the fiscal year. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Within 3 months after the end of each fiscal year, the Association shall prepare a settlement report, inventory of assets, statement of financial position, and income statement and shall submit them to the Minister of the Interior and Safety after a resolution by the general meeting of delegates. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 6, 2016; Jul. 26, 2017>
[This Article Wholly Amended on Oct. 22, 2012]
Article 20(Accumulation of reserves) #
The Association shall, as prescribed by the articles of incorporation, allocate reserve funds for each type of benefit project in order to cover future benefits and shall accumulate and account for them separately at the end of each fiscal period.
[This Article Wholly Amended on Oct. 22, 2012]
Article 21(Disposition of surplus) #
(1) If a net surplus occurs upon the settlement of accounts for a fiscal year, the Association shall accumulate it.
(2) The reserve funds under paragraph (1) shall not be used for any purpose other than covering losses or implementing the projects referred to in Article 16 (1).
[This Article Wholly Amended on Oct. 22, 2012]
Article 21-2(Public disclosure of management information) #
(1) The Association shall publicly disclose the following matters as prescribed by the articles of incorporation and keep them available at its principal office, etc.:
1. Major management information, such as the statement of financial position, income statement, and budget status;
2. Results of internal and external accounting audits;
3. Asset management plans and current status of asset management;
4. Major regulations concerning asset management.
(2) For the efficient and stable management of its assets, the Association shall involve external experts in the review process of asset management matters, such as asset allocation, as prescribed by the articles of incorporation.
(3) Where the Association fails to publicly disclose the matters specified in the subparagraphs of paragraph (1), the Minister of the Interior and Safety may require it to make corrections. <Amended on Jul. 26, 2017>
[This Article Added on Jan. 6, 2016]
Article 22(Extinctive prescription) #
The right of a member to claim benefits or to request the refund of contributions shall lapse if not exercised within 5 years from the date such right arises.
[This Article Wholly Amended on Oct. 22, 2012]
Article 23(Restriction on right of representation) #
In cases where the interests of the Chief Executive Officer or a director conflict with those of the Association, the Chief Executive Officer or such director shall not represent the Association.
[This Article Wholly Amended on Oct. 22, 2012]
Article 24(Mutatis mutandis application of the Civil Act) #
Except as otherwise provided in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Association.
[This Article Wholly Amended on Oct. 22, 2012]
Articles 25 (Administrative fines) (1) A person who violates Article 6 by using the name “Public Officials Benefit Association of Korea” or any similar name shall be subject to an administrative fine of up to 5 million won.
(2) The administrative fine under paragraph (1) shall be imposed and collected by the Minister of the Interior and Safety.
[This Article Added on Oct. 16, 2018]