PUBLIC RECORDS MANAGEMENT ACT

영문법령 불러오는 중…

PUBLIC RECORDS MANAGEMENT ACT — 법갈피

Article 9(Central Records Management Institution) #

(1) The Minister of the Interior and Safety shall establish and operate a permanent records management institution under his or her jurisdiction in order to exercise overall control of and coordinate records management, and preserve and manage records permanently. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(2) The permanent records management institution established and operated under the jurisdiction of the Minister of the Interior and Safety pursuant to paragraph (1) (hereinafter referred to as the "Central Records Management Institution") shall perform the following affairs: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019>

1. Formulating the basic policy on records management and the improvement of the systems related thereto;

2. Formulating a policy for standardizing records management, and developing and operating standards for records management;

3. Managing records and compiling and managing statistics related to records management;

4. Establishing and standardizing an electronic management system of records;

5. Research on methods of records management and preservation techniques of records and the dissemination thereof;

6. Education and training for records management;

7. Guidance, supervision, and evaluation on records management;

8. Connection and cooperation with other records management institutions;

9. Exchange and cooperation concerning records management;

10. Other matters prescribed by this Act.

(3) If necessary for efficiently managing records transferred from public institutions, the head of the Central Records Management Institution may establish and operate an intermediary management facility.

(4) The head of the Central Records Management Institution may form a consultative group with the head of a permanent records management institution referred to in subparagraph 5 of Article 3 in order to exercise overall control over and coordinate records management of the State. <Added on Dec. 3, 2019>

[This Article Wholly Amended on Mar. 21, 2012]

Article 10(Records management institutions of constitutional institutions) #

(1) The National Assembly, the Supreme Court, the Constitutional Court, and the National Election Commission may establish and operate a permanent records management institution in order to permanently preserve and manage records under the jurisdiction thereof. In such cases, when they fail to establish and operate a permanent records management institution, they shall entrust the Central Records Management Institution with records management under their jurisdiction, as prescribed by Presidential Decree.

(2) Permanent records management institutions established and operated respectively by the National Assembly, the Supreme Court, the Constitutional Court, or the National Election Commission pursuant to paragraph (1) (hereinafter referred to as "records management institution of a constitutional institution") shall perform the following affairs: <Amended on Dec. 3, 2019>

1. Establishing and implementing a master plan for records management of public institutions under their jurisdiction;

2. Managing records of public institutions under its jurisdiction and compiling and managing statistics related to records management;

3. Guidance and supervision of and support for records management of public institutions under its jurisdiction;

4. Mutual utilization and sharing the preservation of records in cooperation with the Central Records Management Agency;

5. Education and training for records management of public institutions under its jurisdiction;

6. Connection and collaboration with other records management institutions;

7. Other matters concerning records management.

(3) When the head of the Central Records Management Institution requests the head of an records management institution of a constitutional institution to cooperate with him or her relating to matters necessary for the efficient management of records, such as implementing standards for records management, and the current status of statistics related to records management, the head of an records management institution of a constitutional institution shall comply with such request.

[This Article Wholly Amended on Mar. 21, 2012]

Article 11(Local records management institutions) #

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor shall establish and operate a permanent records management institution (hereinafter referred to as "City/Do records management institution") to permanently preserve and manage records under his or her jurisdiction, as prescribed by ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do").

(2) The Superintendent of the Office of Education in a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "Superintendent of the Office of Education of a City/Do") may establish and operate a permanent records management institution (hereinafter referred to as "records management institution of the office of education of a City/Do") to permanently preserve and manage records under his or her jurisdiction, as prescribed by ordinance of the relevant City/Do. In such cases, when the Superintendent of the Office of Education of a City/Do fails to establish and operate an records management institution of the office of education of a City/Do, he or she shall transfer records under his or her jurisdiction to a City/Do records management institution, as prescribed by Presidential Decree.

(3) The head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may establish and operate a permanent records management institution (hereinafter referred to as "records management institution of a Si/Gun/Gu") to permanently preserve and manage records under his or her jurisdiction, as prescribed by ordinance of a Si/Gun/autonomous Gu. In such cases, when the head of a Si/Gun/Gu fails to establish and operate an records management institution of a Si/Gun/Gu, he or she shall transfer records under his or her jurisdiction to an records management institution of a City/Do, as prescribed by Presidential Decree.

(4) Where an records management institution of the office of education of a City/Do or an records management institution of a Si/Gun/Gu is established and operated pursuant to the former part of paragraph (2) or (3), the head of a Si/Do records management institution shall transfer the records transferred pursuant to the latter part of paragraph (2) or (3) to the records management institution of the office of education of the City/Do or the records management institution of the Si/Gun/Gu. <Added on Jan. 11, 2022>

(5) If necessary for efficiently managing records, the heads of local governments may jointly establish and operate a permanent records management institution, as prescribed by Presidential Decree. <Amended on Jan. 11, 2022>

(6) An records management institution of a City/Do (including where the Superintendent of the Office of Education of a City/Do shall transfer records under his or her jurisdiction to the City/Do records management institution pursuant to the latter part of paragraph (2) or the head of a Si/Gun/Gu shall transfer records under his or her jurisdiction to the City/Do records management institution pursuant to the latter part of paragraph (3)), an records management institution of the Office of Education of a City/Do, an records management institution of a Si/Gun/Gu, and a permanent records management institution jointly established and operated pursuant to paragraph (5) (hereinafter referred to as "local records management institution") shall perform the following affairs: <Amended on Dec. 3, 2019; Jan. 11, 2022>

1. Establishing and implementing a master plan for records management of public institutions under their jurisdiction;

2. Managing records of public institutions under its jurisdiction and compiling and managing statistics related to records management;

3. Guidance and supervision of and support for records management of public institutions under its jurisdiction; provided, in cases of a public institution that should transfer records under its jurisdiction pursuant to the latter parts of paragraph (2) and (3), limited to the guidance of a City/Do records management institution on records management of the relevant public institution;

4. Education and training for records management of a public institution under its jurisdiction;

5. Mutual utilization and sharing the preservation of records in cooperation with the Central Records Management Institution;

6. Connection and collaboration with other records management institutions;

7. Deleted; <Dec. 3, 2019>

8. Other matters concerning records management.

(7) The State may partially subsidize expenses incurred in establishing and operating local records management institutions within budgetary limits. <Amended on Jan. 11, 2022>

(8) When the head of the Central Records Management Institution requests the head of a local records management institution to cooperate with him or her relating to matters necessary for efficiently managing records, such as implementing the standards for records management, the transfer of the original or duplicates of records relating to the affairs delegated by the State, and the current status of statistics related to records management, the head of a local records management institution shall comply with such request. <Amended on Jan. 11, 2022>

[This Article Wholly Amended on Mar. 21, 2012]

Article 15(National Records Management Committee) #

(1) The National Records Management Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of the Interior and Safety to deliberate on the following matters: <Amended on Dec. 3, 2019; Jan. 11, 2022; May 16, 2023>

1. Formulating basic policies on records management of the State;

2. Establishing, amending, and repealing the standards for records management;

3. Matters for cooperation and collaboration between permanent records management institutions;

4. Managing the Presidential Records;

5. Approving the extension of the timing of transfer of confidential records under Article 19 (5) and (6) and extending the period of non-disclosure of confidential records under Article 35 (4);

6. Designating and revoking State-designated records;

7. Other matters referred to discussion by the chairperson of the Committee in relation to records management.

(2) The Committee shall be comprised of not more than 20 members, including one chairperson and one vice chairperson, and members shall be appointed or commissioned by the Minister of the Interior and Safety from among the following persons: <Amended on Dec. 3, 2019; May 16, 2023>

1. The heads of records management institutions of constitutional institutions;

2. The head of the Central Records Management Institution;

3. The head of the Presidential Records;

4. The head of the records management institution of a local government selected through consultation among the heads of records management institutions of local governments;

5. Persons who have extensive knowledge of and experience in records management.

(3) The Minister of the Interior and Safety shall appoint or commission the chairperson of the Committee from among its members, and the vice chairperson shall be elected by the Committee from among its members. <Amended on Dec. 3, 2019; May 16, 2023>

(4) The term of office of members under paragraph (2) 5 shall be three years, and they may be reappointed or recommissioned only once; provided, the term of office of a member newly commissioned due to the resignation, etc. of a member shall be the remainder of the unexpired term of his or her predecessor. <Amended on Dec. 3, 2019>

(5) Where a member of the Committee falls under any of the following circumstances, the Minister of the Interior and Safety may dismiss or decommission such member: <Added on Mar. 21, 2017; Dec. 3, 2019; May 16, 2023>

1. Where it is impracticable for the member to perform his or her duties due to any mental or physical disabilities;

2. Where the member is prosecuted in a criminal case in which his or her duties are involved;

3. Where the member clearly expresses that he or she is unable to perform his or her duties;

4. Where the member is deemed unfit and unqualified to be a member due to dereliction of duty, injury to dignity, or other reasons.

(6) The Committee shall take and preserve minutes in which the following matters are stated. In such cases, stenography, sound recording or video recording may be conducted, if deemed necessary: <Amended on Mar. 21, 2017>

1. The date and place of a meeting;

2. The number and names of members present;

3. Names of other participants and attendees;

4. Agenda items and decisions made at a meeting;

5. Other matters for discussion.

(7) The Committee shall assign one executive secretary who is a public official of the Central Records Management Institution to support its business affairs. <Amended on Mar. 21, 2017>

(8) The Committee shall organize an expert committee or special committee therein for the efficient operation thereof. <Amended on Mar. 21, 2017>

(9) Except as provided in paragraphs (1) through (8), matters necessary for the organization, operation, etc. of the Committee, expert committees and special committees shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017>

[This Article Wholly Amended on Mar. 21, 2012]

Article 19(Management of records) #

(1) Each public institution shall manage records by classifying them by the period of preservation, whether to disclose, whether to keep them confidential, authority to access, etc., as prescribed by Presidential Decree.

(2) Each public institution shall transfer its records to the competent record repository or special record repository within the period prescribed by Presidential Decree; provided, a public institution in which no competent record repository or special record repository is established shall transfer its records to a department designated by the head of such public institution, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>

(3) Record repositories or special record repositories shall transfer records classified to be preserved for at least 30 years to the competent permanent records management institution within the period prescribed by Presidential Decree. <Amended on Mar. 21, 2017>

(4) In the case of the transfer of records prescribed by Presidential Decree which are archival information and data prepared in an electronic form to be transmitted, received, or stored in an information processing apparatus (hereinafter referred to as "electronic records"), only the authority to manage the relevant records may be transferred to the competent record repository, special record repository, or permanent records management institution. <Added on Jan. 11, 2022>

(5) Notwithstanding paragraph (3), special record repositories may extend the timeframe for transfer of confidential records under their jurisdiction by up to 30 years after the year of creation ends, and if necessary to use such records in performing their duties even after 30 years have passed, they may request the head of the Central Records Management Institution to extend the timeframe for transfer, as prescribed by Presidential Decree. <Amended on Jan. 11, 2022>

(6) Notwithstanding paragraph (5), the Director of the National Intelligence Service may extend the timeframe for transfer of confidential records under his or her jurisdiction by up to 50 years after the year of creation ends, and he or she may otherwise determine the timeframe for transfer of records related to intelligence likely to substantially hinder national security, if disclosed, in consultation with the head of the Central Records Management Institution, as prescribed by Presidential Decree. <Amended on Jan. 11, 2022>

(7) In order to facilitate collection and transfer of records, a public institution shall notify a competent records management institution of the current status of the creation of records each year, as prescribed by Presidential Decree. In such cases, where record repositories or special record repositories are established within an institution affiliated to a central administrative agency, record repositories, or special record repositories of such central administrative agency shall collect data on the current status of creation and notify the Central Records Management Institution thereof. <Amended on Mar. 21, 2017; Jan. 11, 2022>

(8) The head of the Central Records Management Institution shall regularly or occasionally inspect the management conditions of records of public institutions, and may request them to take corrective measures if necessary; provided, in cases of records under the jurisdiction of the National Intelligence Service, he or she may otherwise determine the method and procedures, etc. for inspections in consultation with the Director of the National Intelligence Service. <Amended on Dec. 3, 2019; Jan. 11, 2022>

(9) The head of a public institution requested to take corrective measures under the main clause of paragraph (8) shall comply with such request without special reason not to do so, and notify the head of the Central Records Management Institution of the results of taking corrective measures. <Added on Dec. 3, 2019; Jan. 11, 2022>

[This Article Wholly Amended on Mar. 21, 2012]

Article 35(Classification as to disclosure of records) #

(1) Where a public institution intends to transfer records to a competent records management institution, it shall transfer the records after reclassifying whether to disclose such records; provided, where a record repository or special record repository of a public institution transfers records to a permanent records management institution, and it has reclassified whether to disclose the relevant records during the last five years before it transfers the records pursuant to paragraph (2), it may transfer such records without reclassifying whether to disclose them. <Amended on Mar. 21, 2017>

(2) Each records management institution shall reclassify whether to disclose records reclassified as confidential every five years from the year following the year in which they are reclassified; provided, with regard to records reclassified as confidential because the records management institution falls under Article 9 (1) 6 of the Official Information Disclosure Act, it need not reclassify whether to disclose for up to 30 years after the year in which the creation thereof ends. <Amended on Dec. 3, 2019>

(3) In principle, confidential records shall be disclosed when 30 years pass after the year of creation ends; provided, this shall not apply to records the timeframe for transfer of which is extended by at least 30 years pursuant to Article 19 (5) and (6). <Amended on Jan. 11, 2022>

(4) Notwithstanding the main clause of paragraph (3), if the head of a permanent records management institution is requested to extend the period for non-disclosure of records by an institution that has created records, he or she need not disclose the relevant records through deliberation by the Records Evaluation Council under Article 38 and the Committee, respectively. In such cases, he or she shall announce the current status of records reclassified as confidential by type of non-disclosure in the Official Gazette or on the website, etc., and reclassify whether to disclose such records every five years from the year following the year in which they are reclassified. <Amended on Dec. 3, 2019>

(5) Where the head of an records management institution intends to disclose records in the fields of unification, diplomacy, security, investigation and intelligence, he or she shall first hear opinions of the heads of institutions that have created such records.

[This Article Wholly Amended on Mar. 21, 2012]

Article 46(Collection of principal archival information, and data) #

(1) The head of the Central Records Management Institution may collect principal archival information and data and private records, which are located in the Republic of Korea or overseas and worth preserving on a national level.

(2) The head of the Central Records Management Institution may request the owner or manager of principal archival information and data and private records, which are located in the Republic of Korea or overseas and worth preserving on a national level, to submit a list or copies of such archival information and data and private records. In such cases, the owner or manager of such archival information and data and private records shall comply with such request unless extenuating circumstances exists.

(3) The head of the Central Records Management Institution may request the owner or manager of a motion picture designated, in consultation with the Minister of Culture, Sports and Tourism, as being worth preserving permanently on a national level among the motion pictures, the rating of which has been classified pursuant to Article 29 (1) of the Promotion of the Motion Pictures and Video Products Act, to send him or her its negative film or one set of its reproduction and a copy of its script.

(4) The head of the Central Records Management Institution may designate a broadcasting program deemed worth preserving permanently on a national level, as a broadcasting program subject to collection among the programs broadcasted (excluding re-transmission) in consultation with the Korea Media and Communications Commission. In such cases, the head of the Central Records Management Institution may request a terrestrial broadcasting business operator defined in subparagraph 3 (a) of Article 2 of the Broadcasting Act to send him or her the original or a copy of the relevant broadcasting program. <Amended on Mar. 23, 2013; Jul. 26, 2017; Oct. 1, 2025>

(5) Matters necessary for the collection, preservation, etc. of archival information and data, private records, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Mar. 21, 2012]

Article 46-3(Establishment of International Center for Documentary Heritage of UNESCO) #

(1) The International Center for Documentary Heritage of the UNESCO (hereinafter referred to as the "Center for Documentary Heritage") shall be established for research, education, training, and policy-setting concerning the management and preservation of the world's documentary heritage.

(2) The Center for Documentary Heritage shall be a juridical person.

(3) The Center for Documentary Heritage shall perform the following projects; provided, the Center for Documentary Heritage shall consult with the Administrator of the National Heritage Administration on matters related to national heritage registered in UNESCO pursuant to Article 31 of the Framework Act on National Heritage: <Amended on May 16, 2023; Feb. 13, 2024>

1. Monitoring of and support for programs of the world's documentary heritage of the UNESCO;

2. Digitalization for the management and preservation of the world's documentary heritage;

3. Research concerning the management, preservation, and utilization of the world's documentary heritage and content development thereof;

4. Education and training for the management, preservation and utilization of the world's documentary heritage;

5. Publicity to the world's documentary heritage;

6. Domestic and international exchanges and collaboration in the field of documentary heritage;

7. Other business affairs necessary for the management and preservation of the world's documentary heritage.

(4) The Center for Documentary Heritage shall have executive officers and necessary employees, as prescribed by the articles of incorporation.

(5) Except as otherwise provided in this Act, the provisions concerning an incorporated foundation of the Civil Act shall apply mutatis mutandis to the Center for Documentary Heritage.

(6) The State may subsidize expenses incurred in operating the Center for Documentary Heritage within budgetary limits.

(7) Notwithstanding the Public Property and Commodity Management Act, where it is necessary for the Center for Documentary Heritage to conduct its affairs, a local government may allow it to use or make profits from public property without compensation.

[This Article Added on Dec. 3, 2019]

PUBLIC RECORDS MANAGEMENT ACT

Article 1(Purpose) #

Article 2(Scope of application) #

Article 3(Definitions) #

Article 4(Responsibilities of public officials) #

Article 5(Principles of records management) #

Article 6(Electronic creation and management of records) #

Article 7(Principles of standardization of records management) #

Article 8(Relationships to other statutes) #

Article 9(Central Records Management Institution) #

Article 10(Records management institutions of constitutional institutions) #

Article 11(Local records management institutions) #

Article 12 #

Article 13(Record repositories) #

Article 14(Special record repositories) #

Article 15(National Records Management Committee) #

Article 16(Principles of creation of records) #

Article 17(Responsibilities to create important records) #

Article 18(Registration, classification, and filing of records) #

Article 19(Management of records) #

Article 19-2(Prohibition of concealment of records without permission) #

Article 20(Management of electronic records) #

Article 20-2(Management of technical information on electronic records) #

Article 21(Dual preservation of important records) #

Article 22(Management of publications) #

Article 23(Management of audiovisual records) #

Article 24(Management of documentary art records) #

Article 25(Management of records of closed institutions) #

Article 26(Retrieval of records) #

Article 27(Discard of records) #

Article 27-2(Records Evaluation Council) #

Article 27-3(Prohibition of discarding records) #

Article 28(Facilities and equipment of records management institutions) #

Article 29(Recording media, and articles) #

Article 30(Measures for security and disaster control of records) #

Article 30-2(Research and development of preservation and restoration techniques) #

Article 30-3(Addition or correction of records) #

Article 31 #

Article 32(Principles of management of confidential records) #

Article 33(Management of confidential records) #

Article 34(Notification of current status of creation of confidential records) #

Article 35(Classification as to disclosure of records) #

Article 36(Designation of maximum period for non-disclosure of records preserved by permanent records management institutions) #

Article 37(Perusal of confidential records) #

Article 38(Records disclosure council) #

Article 38-2(Utilization of records preserved by permanent records management institutions) #

Article 39(Standardization of records management) #

Article 40(Procedures for establishing records management standards) #

Article 41(Specialists in records management) #

Article 42(Education and training for management of records) #

Article 43(Designation and cancellation of State-designated records) #

Article 44(Management of changes in State-designated records) #

Article 45(Preservation and management of State-designated records) #

Article 46(Collection of principal archival information, and data) #

Article 46-2(Collection of private records by records management institutions of constitutional institutions) #

Article 46-3(Establishment of International Center for Documentary Heritage of UNESCO) #

Article 46-4(Designation of Records Day) #

Article 47(Prohibition of divulging confidential information) #

Article 48(Assumed original of records recorded in preservation media) #

Article 49(Provisions of delegation) #

Article 50(Penalty provisions) #

Article 51(Penalty provisions) #

Article 52(Penalty provisions) #

Article 53(Administrative fines) #