ENFORCEMENT DECREE OF THE PUBLIC RECORDS MANAGEMENT ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE PUBLIC RECORDS MANAGEMENT ACT — 법갈피

Article 10(Establishment of records repositories) #

(1) "Public institution prescribed by Presidential Decree" in the main clause of Article 13 (1) of the Act means any of the following public institutions, the annual production of which by the institution or its affiliated institution is at least 1,000 copies or the records subject to preservation are at least 5,000 copies; provided, where a public institution falling under subparagraph 6 (excluding an administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City) establishes and operates a permanent records management institution under Article 11 (3) of the Act (excluding where it is jointly established), such permanent records management institution shall perform the duties of a record repository without establishing a record repository. <Amended on Feb. 29, 2008; Dec. 31, 2008; May 6, 2009; May 4, 2010; Jul. 12, 2010; May 30, 2011; Mar. 23, 2013; Jun. 11. 2014; Nov. 4, 2014; Nov. 19, 2014; Jan. 6, 2015; Dec. 30, 2015; Jan. 22, 2016; Jul. 26, 2017; Mar. 31, 2020>

1. The Board of Audit and Inspection, the National Human Rights Commission, and central administrative agencies (including agencies under the President and those under the Prime Minister);

2. Deleted; <Mar. 31, 2020>

3. Deleted; <Mar. 31, 2020>

4. Deleted; <Mar. 31, 2020>

5. City/Do;

6. Si/Gun/Gu (referring to an autonomous Gu) and administrative Si to be set up in Jeju Special Self-Governing Province under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;

7. City/Do offices of education and district offices of education under Article 34 of the Local Education Autonomy Act;

8. Military agencies under the direct control of the Minister of National Defense, which shall be selected by the Minister of National Defense;

9. Military agencies selected by the Headquarters of the Army, the Headquarters of the Navy, and the Headquarters of the Air Force, or by the Chief of Staff of the Army, the Chief of Staff of the Navy, and the Chief of Staff of the Air Force;

10. Agencies provided for in subparagraphs 1 through 4 of Article 3;

11. Schools defined in Article 2 of the Higher Education Act which fall under any of the following:

(a) National schools established and maintained by the State or ones established as corporate national universities;

(b) Private schools established and maintained by a school foundation;

12. Other public institutions designated by the head of a permanent records management institution as deemed necessary for the establishment of record repositories.

(2) In cases of a public institution not required to establish and operate a record repository under paragraph (1), a division designated by the head of the relevant public institution shall perform duties of the record repository. In such cases, the head of the public institution may set up a records repository with approval from the head of a permanent records management institution under its jurisdiction. <Amended on Mar. 31, 2020>

(3) Where a public institution which shall establish and operate a record repository under paragraph (1) establishes and operates a special record repository under Article 14 (1) of the Act, it shall have the special record repository perform the duties of a record repository without establishing a record repository.

(4) Public institutions under the main clause of paragraph (1) with the exception of its subparagraphs may establish and operate at least two record repositories where necessary. <Amended on Mar. 31, 2020>

(5) A public institution which has established a record repository under paragraph (1) 7 may, where necessary, operate record repositories within its jurisdictions in an integrated manner with approval from the head of a permanent records management institution. <Added on Mar. 31, 2020>

(6) Notwithstanding paragraph (2), schools of various levels under the Early Childhood Education Act, the Elementary and Secondary Education Act, and other statutes among schools prescribed in subparagraph 5 of Article 3 shall perform the duties of a record repository according to the following classifications: <Added on Mar. 31, 2020>

1. Schools established under the Early Childhood Education Act and the Elementary and Secondary Education Act:

(a) National schools: A record repository of the competent central administrative agency (in cases of schools affiliated to universities or colleges of education, referring to a record repository of the relevant university or college of education);

(b) Public and private schools: A record repository of the competent office of education or district office of education;

2. Schools established under other statutes: A record repository designated by the head of the central records management institution.

(7) Where the head of a permanent records management institution newly establishes or changes a record repository, he or she shall publicly notify such fact every year through the Official Gazette (or the Public Gazette in the case of a local records management institution) or the information and communications network including the website of the permanent records management institution. <Added on Mar. 31, 2020>

Article 18(Preparation and management of meeting minutes) #

(1) Where a public institution holds any of the following meetings under Article 17 (2) of the Act, it shall record meeting minutes: <Amended on Mar. 31, 2020>

1. A meeting in which the President attends;

2. A meeting in which the Prime Minister attends;

3. A meeting administered by important persons holding the position of Vice Minister or higher as constituents for the purpose of deliberation on important policies or coordination of opinions;

4. A meeting in which important persons holding the position of Vice Minister or higher attend to consult duties with political parties;

5. A meeting administered by a commission or deliberative council, etc. which is organized under an individual Act or special Act;

6. A meeting in which the head of a local government, the superintendent of an office of education, and the head of a district office of education under Article 34 of the Local Education Autonomy Act attend;

7. A meeting in which the heads of the institutions prescribed in subparagraphs 1 through 4 of Article 3 and the heads of the schools established under the Higher Education Act among schools prescribed in subparagraph 5 of that Article attend;

8. A meeting in which at least three public officials holding the position of director general or higher in the relevant institutions attend for the purpose of deliberation on or coordination of opinions on the matter falling under any subparagraph of Article 17 (1);

9. Other important meetings for which preparation of meeting minutes are deemed necessary.

(2) The minutes under paragraph (1) shall include the title of the meeting, the organizing institution, the date, time and venue, the list of attendees and observers, the order of proceedings, the agenda items presented, summaries of statements, resolutions adopted, and details of any votes; and the minutes shall be produced or registered and managed through the electronic records creation system. In such cases, for a meeting falling under paragraph (1) 1 through 3, 5, or 6 and designated by the head of the permanent records management institution (hereinafter referred to as “designated meeting”), either a verbatim record or an audio recording shall be produced in addition to the minutes, and where an audio recording is produced, a transcript shall also be prepared. <Amended on Nov. 4, 2014; May 20, 2025>

(3) A public institution that has produced a verbatim record or audio recording (including transcripts) under paragraph (2) may withhold disclosure of all or part of such records for a period not exceeding 10 years from the cutoff date under Article 17 (2) of the Act; provided, where the case falls under subparagraph 1 of paragraph (1), disclosure may be withheld for a period not exceeding 15 years from the cutoff date.

(4) Minutes (including verbatim records or audio recordings in the case of meetings under the latter part of paragraph (2)) shall be prepared by the public institution that convenes or presides over the meeting, and where the presiding institution is unclear or the meeting is not convened by a public institution, the public institution most closely related to the agenda among the participants of the meeting shall be designated to prepare the minutes.

(5) The head of a permanent records management institution may revoke the designation of a designated meeting in any of the following cases: <Added on May 20, 2025>

1. Where a designated meeting is abolished;

2. Where the designated meeting no longer falls under paragraph (1) 1 through 3, 5 or 6;

3. Where it is deemed that it is no longer necessary to produce a verbatim record or an audio recording.

(6) Where the head of a permanent records management institution designates a meeting under paragraph (2) or revokes the designation of a designated meeting under paragraph (5), the head shall publicly announce the name of the meeting, the competent department, the reason for designation or revocation, and other relevant information through the Official Gazette (or the Public Gazette in the case of a local records management institution) or an information and communications network, including a website. <Added on May 20, 2025>

Article 19(Creation of audio-visual records) #

(1) Pursuant to Article 17 (3) of the Act, each public institution shall create audio-visual records of any of the following matters. In such cases, the audio-visual records shall be registered and created by electronic records creation system in principle, and they shall be created in a way that major situations before, during, and after the creation can be understood systematically: <Amended on May 4, 2010; Aug. 29, 2016; Mar. 31, 2020>

1. Activities related to the duties of persons in a major position, such as the President, Prime Minister, heads of central administrative agencies, heads of local governments, superintendents of the office of education, heads of district office of education, heads of the institutions prescribed in subparagraphs 1 through 4 of Article 3, and the heads of the schools established under the Higher Education Act and the like, and their portraits;

2. Major movements of the heads or prime ministers of foreign countries, or other important foreign figures related with the Republic of Korea;

3. Major events of the State and local governments;

4. Major activities related with the promotion of treaties, agreements, conventions, protocols, exchanges, etc. with international organizations or foreign countries;

5. Large-scale projects described in Article 38 (1) of the National Finance Act or large-scale development projects described in Article 14 of the Enforcement Decree of that Act;

6. Original features that are difficult to recover due to the execution of large-scale civil construction or building works, etc.;

7. Matters in need of preserving the image as audio-visual records, such as buildings or various structures having high historical value, which are to disappear due to removal or remodeling, etc.;

8. Major events or accidents, which are matters of interest to many people and the head of a public institution deems necessary to prepare and preserve the audio-visual records thereof;

9. Matters in need of preserving the scene or image as audio-visual records because they have high probative value;

10. Materials that have high historical value as they have appeared for the first time in Korea;

11. Other matters deemed necessary to create audio-visual records.

(2) The head of each public institution shall create audio-visual records of any of the following matters. In such cases, a separate written explanation that includes the outline of the shooting, details of the shooting by the hour, etc. shall be prepared: <Added on May 4, 2010; Aug. 22, 2011>

1. Inaugural ceremony of the President, from among the activities falling under paragraph (1) 1;

2. Funeral ceremonies under the State Funeral Act and international events or international sporting events which are deemed necessary to be promoted on a national level and prescribed by a special Act, from among the events falling under paragraph (1) 3;

3. International conferences in which many heads of foreign countries or chiefs of executive participate, from among the activities falling under paragraph (1) 4;

4. Large-scale projects or construction works the creation of audio-visual records of which is determined by consultation between the head of a public institution and the head of the central records management institution, among those falling under paragraph (1) 5;

5. Other matters for which creation of audio-visual records is deemed necessary.

Article 25(Records retention schedule) #

(1) Pursuant to Article 19 (1) of the Act, a public institution shall prepare and operate a records retention schedule based on its work processes, and the management items of the records retention schedule shall include management criteria such as a description of the work, the retention period and the reason for setting the retention period, whether the record falls under records for office use, the storage location, the method of preservation, disclosure status, and access rights. In such cases, the records retention schedule shall be created and managed through the records management system referred to in subparagraph 8 of Article 2. <Amended on Nov. 4, 2014; Mar. 3, 2015>

(2) The records retention schedule under paragraph (1) shall, in principle, be prepared by unit task in accordance with the government function classification system determined by the Minister of the Interior and Safety, but matters such as disclosure status and access rights may be determined differently by each public institution; provided, where the head of a public institution is unable to apply the government function classification system, a different classification method may be used through consultation with the head of the competent permanent records management institution. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) The retention period by unit task shall be determined by public institutions in accordance with the rules of preservation determined by the head of the central records management institution, but it shall be confirmed following consultation with the head of the competent permanent records management institution in accordance with the procedures prescribed by Decree of the Ministry of the Interior and Safety; provided, in the case of a public institution falling under any subparagraph of Article 3, it shall be determined by the head of such public institution, except for the institutions prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; May 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(4) Where the head of a permanent records management institution requests to change a retention period by unit task as he or she deems it especially necessary to fix a different retention period in the process of consultation referred to in paragraph (3), the head of the relevant public institution shall reflect such request and correct the relevant matter in the records retention schedule. <Amended on May 4, 2010>

(5) A public institution shall publicly notify the names of the unit tasks that have been newly implemented in the previous year, or the retention periods of which have been changed, explanation of duties of each unit task, retention period of each unit task, etc. in the Official Gazette (or the Public Gazette in the case of a local government) or through the information and communications network, including the website of the relevant institution right after the end of the arrangement period of records each year; provided, the Director of the National Intelligence Service may determine a separate scope of public notice following consultation with the head of the central records management institution.

(6) Notwithstanding paragraphs (1) through (5), the head of a public institution shall create a table of management standards for administrative information dataset as determined by the head of the competent permanent records management institution. In such cases, such table of management standards for administrative information dataset shall include information about management institutions, statutes or regulations, systems, data, duties, and records management. <Added on Mar. 31, 2020>

[Title Amended on Mar. 31, 2020]

Article 31(Designation of records for office use) #

(1) Where the head of a public institution intends to keep and utilize records under his or her jurisdiction as records for office use, the head shall submit an application for the designation of such records as records for office use to the head of the competent permanent records management institution, stating the necessity for designation based on the utility of the relevant records. <Amended on May 20, 2025>

(2) Where the head of a permanent records management institution receives an application under paragraph (1) and deems the designation necessary, the head may designate the records as records for office use by specifying the period of office use within a maximum of 5 years. <Added on May 20, 2025>

(3) Where the head of a public institution intends to extend the period of office use for records designated under paragraph (2), the head shall, at least 60 days before the expiration of the period, submit an application for extension to the head of the competent permanent records management institution, along with documents showing the record of utilization of the relevant records. <Added on May 20, 2025>

(4) Where the head of a permanent records management institution receives an application for extension under paragraph (3) and deems the extension necessary, the head may extend the period of office use within the scope of the immediately preceding period of office use. <Added on May 20, 2025>

(5) Where the head of a permanent records management institution designates records for office use under paragraph (2) or extends the period of office use under paragraph (4), the head shall post the fact of such designation or extension on an information and communications network, such as a website, within 10 days from the date of designation or extension. <Added on May 20, 2025>

(6) If the head of a processing division holds records for office use, the records shall be transferred to a record repository or special record repository in the following year after the expiration of the period of office use. <Amended on May 20, 2025>

(7) The head of a record repository or special record repository shall transfer to the competent permanent records management institution the records for which 10 years have passed since the cutoff date and the retention period is at least 30 years, among the records received under paragraph (6), within the year following the year in which they are received. <Amended on May 20, 2025>

(8) Notwithstanding paragraph (7), records of public institutions falling under any of the subparagraphs of Article 3 shall be retained by the respective public institutions; provided, records designated by the competent permanent records management institution as having significant national archival value and requiring collection and preservation shall be transferred to the competent permanent records management institution. <Amended on May 20, 2025>

[Title Amended on May 20, 2025]

Article 32(Transfer of records) #

(1) Pursuant to Article 19 (2) of the Act, a public institution shall, on a yearly basis, transfer records produced or received in the preceding year from the processing division to the competent record repository or special record repository; provided, for records other than electronic records, the processing division may retain them for up to 2 years from the cutoff date and transfer them by file of records. <Amended on May 20, 2025>

(2) Notwithstanding paragraph (1), a public institution falling under any subparagraph of Article 3 shall transfer the records to a department designated by the head of the relevant public institution except for the public institutions which shall establish a record repository under Article 10 (1) 10 and 11.

(3) Notwithstanding paragraphs (1) and (2), where no record repository or special record repository has been established or where it is necessary to frequently refer to the records during the performance of duties, the timing of the transfer may be delayed by the unit of records file within the range of 10 years from the cutoff date.

(4) Where a public institution transfers electronic records, it shall examine the records subject to transfer so that their authenticity, integrity, etc. can be ensured, and shall transfer the records free from errors together with an administrative electronic signature to the relevant public institution after undergoing the process of verifying the authenticity of those records. In such cases, the electronic medium, format, method, and data specification shall be determined by the head of the central records management institution. <Amended on Nov. 4, 2014; Mar. 3, 2015; Mar. 31, 2020; Jul. 5, 2022>

(5) Where a public institution transfers non-electronic records, it shall submit them in a preservation box after sorting the records file subject to transfer by unit task as prescribed by Decree of the Ministry of the Interior and Safety, together with a transfer list. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

Article 35(Receipt of records of processing division) #

(1) The record repository or special record repository shall receive records subject to transfer from the relevant public institution and the institution to which they belong, and shall manage them.

(2) Where a record repository or special record repository receives electronic records, procedures to verify the authenticity of the electronic records, such as verification of electronic administrative signatures, shall be undertaken, and quality inspections shall be conducted for metadata errors, electronic file errors, and the like; provided, such procedures for verifying authenticity and quality inspections may be omitted for electronic records falling under subparagraph 1 of Article 31-2. <Amended on May 20, 2025>

(3) Where a record repository or special record repository receives records created in a non-electronic form, it shall go through the process of examining the identicalness between the original and the list, checking of physical condition, etc.

(4) Where the head of a record repository or special record repository discovers any deficiencies or errors during the procedures for verifying authenticity, quality inspection, or acceptance inspection of records under paragraph (2) or (3), the head shall immediately notify the processing division that requested the transfer, and the relevant processing division shall re-transfer the records after correcting or supplementing the deficiencies or errors. <Amended on May 20, 2025>

(5) Upon completion of the receiving procedures, the head of a record repository or of a special record repository shall notify the result thereof to the relevant processing division, and the processing division shall preserve the electronic records that have been transferred until it is notified of the result of completion of receipt.

(6) Upon receiving a notice of the result of completion of receipt under paragraph (5), the head of a processing division shall delete or destroy the relevant electronic records (excluding electronic records transferred by means of transferring nothing but management authority under Article 19 (4) of the Act) and shall not restore the deleted records. <Amended on Jul. 5, 2022>

(7) Notwithstanding paragraph (6), where it is necessary to refer to electronic records for business purposes, the head of the processing division may use such records without deleting or destroying them after taking measures to identify them as copies. <Added on Jul. 5, 2022>

(8) Notwithstanding paragraphs (1) through (7), a public institution falling under any subparagraph of Article 3 may determine and implement separate procedures for receipt and examination of records. <Amended on May 4, 2010; Jul. 5, 2022>

Article 36(Preservation of electronic records by record repositories and special record repositories) #

(1) Where necessary, the head of a record repository or special record repository may convert electronic records with a retention period of at least 10 years, out of those whose receipt is completed, into preservation formats, as determined by the head of the central records management institution. <Amended on Aug. 29, 2016; Jul. 5, 2022>

(2) Where any electronic record with a retention period of at least 30 years falls under any of the following cases and is preserved for at least 10 years from the cutoff date, the head of a record repository or special record repository shall manage such record by converting it into a long-term preservation package, as determined by the head of the central records management institution, after completing the process of verifying the authenticity of such record before the lapse of 11 years from such cutoff date: <Amended on Jul. 5, 2022>

1. Where a special record repository delays the timing of transferring confidential records under its jurisdiction under Article 19 (5) of the Act;

2. Where the Director of the National Intelligence Service delays the timing of transferring confidential records under his or her jurisdiction or determines such timing otherwise under Article 19 (6) of the Act after consultation with the head of the central records management institution;

3. Where a record repository or special record repository preserves the relevant electronic records under the proviso, with the exception of the subparagraphs, of Article 30 (2);

4. Where the transfer of records is postponed with approval of the head of the competent permanent records management institution under the proviso of Article 40 (1).

(3) Deleted. <Jul. 5, 2022>

(4) The types and specification of equipment, device, etc. in which electronic records are to be stored shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(5) The head of a record repository or special record repository shall store electronic records by a method or in a form which can maintain the authenticity, availability, etc., and shall formulate and implement a plan for protecting the electronic records from unauthorized access, disposal, etc.

(6) The head of a record repository or special record repository shall prepare a backup function and restoration function in order to prevent the loss of electronic records.

(7) Notwithstanding paragraphs (1) through (6), a public institution falling under any subparagraph of Article 3 may determine a separate method of preserving electronic records. In such cases, the head of the relevant public institution shall take measures to ensure the authenticity and availability of electronic records.

Article 40(Transfer of records under control of record repositories and special record repositories) #

(1) Pursuant to Article 19 of the Act, the head of a record repository or special record repository shall transfer records with a retention period of at least 30 years to the competent permanent records management institution in accordance with the schedule presented by permanent records management institution in the year following the year in which 10 years pass from the cutoff date; provided, when intending to extend the time frame for transfer for a specified period due to any extenuating circumstance, he or she shall obtain approval from the head of the competent permanent records management institution by not later than one month before the date set for the transfer. <Amended on Aug. 29, 2016>

(2) Notwithstanding paragraph (1), the records of a public institution falling under any subparagraph of Article 3 shall be preserved by the relevant public institution; provided, records that have been designated by a permanent records management institution as having significant national archival value shall be transferred to the competent permanent records management institution.

(3) Where the head of a record repository or special record repository intends to transfer electronic records under paragraph (1), the head shall inspect the records to be transferred to ensure the authenticity, integrity, reliability, and usability of the records in accordance with the transfer format, method, and data specifications prescribed by the head of the central records management agency; and shall transfer only those electronic records without errors through procedures for verifying their authenticity, including administrative electronic signatures; provided, electronic records under Article 31-2 (1) 1 may be transferred without undergoing such inspection and authenticity verification procedures. <Amended on Nov. 4, 2014; Mar. 31, 2020; May 20, 2025>

(4) Where the head of a record repository or special record repository intends to transfer non-electronic records under paragraph (1), he or she shall put them into a preservation box and submit it together with a transfer list as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

Article 43(Evaluation and disposal of records under control of record repository and special record repository) #

(1) The head of a record repository or special record repository shall, under Article 27 (1) of the Act, process records whose retention period has expired by classifying them as subject to re-designation of the retention period, disposal, or deferment, following consultation with the producing department, review by a records management specialist under Article 41 (1) of the Act (referring to a records management specialist affiliated with the relevant record repository or special record repository), and deliberation by the Records Evaluation Council under paragraph (5). <Amended on May 4, 2010; Sep. 19, 2017>

(2) Where the retention period of the records prescribed in any of the subparagraphs of Article 30 (2) has elapsed, the head of a record repository or of a special record repository shall, evaluate the archival value of the relevant records after inquiring into the opinions and conducting the examination and deliberation under paragraph (1), and in consultation with the head of the competent permanent records management institution and classify them into those whose retention period is subject to redetermination or postponement or those subject to disposal; provided, as for the semi-permanent records, an evaluation shall be conducted after 70 years (or 50 years in cases of the homogeneous and multiple records having low archival value) have elapsed from the date their retention period commences. <Added on Aug. 29, 2016; Mar. 31, 2020>

(3) Where the head of a record repository or special record repository intends to dispose of original records and retain only the preservation media under Article 29 (1) 3, the head may dispose of the original records after consultation with the producing department, review by a records management specialist, and deliberation by the Records Evaluation Council under paragraph (1); provided, in the case of records with a retention period of 30 years or more, the original records may be disposed of after 3 years have passed since the records were stored in preservation media, and after consultation with the producing department, review by a records management specialist, deliberation by the Records Evaluation Council under paragraph (1), and deliberation by the National Archives Management Committee. <Amended on Mar. 3, 2015; Aug. 29, 2016>

(4) The head of a permanent records management institution may, in consultation with the head of the record repository or special record repository, select and preserve original records that are subject to disposal under paragraph (3), if they are deemed to have archival value. <Added on May 4, 2010; Aug. 29, 2016>

(5) The head of a public institution shall organize and operate a Records Evaluation Council to evaluate and dispose of records being preserved by a record repository under the jurisdiction of the public institution or a special record repository; and the Records Evaluation Council shall consist of not more than five private-sector specialist members and affiliated employees who are deemed qualified for the evaluation of the archival value of records, including at least two private-sector specialist members; provided, in cases of a public institution that creates records on unification, diplomacy, security, criminal investigations, intelligence, etc., at least one private-sector specialist member may be included therein. <Amended on May 4, 2010; Aug. 29, 2016; Sep. 19, 2017; Mar. 31, 2020>

Article 44(Receipt of records by record repository and special record repository) #

(1) The head of a permanent records management institution shall, each year, establish a records collection plan for the following year that includes the transfer schedule and records subject to transfer for each public institution. <Amended on May 20, 2025>

(2) Where a permanent records management institution receives electronic records, procedures for verifying authenticity, such as verification of electronic administrative signatures, shall be undertaken, and quality inspections shall be conducted for metadata errors, electronic file errors, and the like; provided, such procedures for verifying authenticity and quality inspections may be omitted for electronic records falling under subparagraph 1 of Article 31-2. <Amended on May 20, 2025>

(3) Where the head of a permanent records management institution receives non-electronic records, he or she shall take examination procedures, such as examining whether the original and list correspond to each other, checking physical status, etc.

(4) Where the head of a permanent records management institution discovers deficiencies or errors during the process of verifying authenticity, quality inspection, and examination process under paragraph (2) or (3), he or she shall immediately notify the head of the public institution that has requested such transfer thereof, and the head of the relevant public institution shall retransfer them after correcting and supplementing such deficiencies or errors.

(5) Upon completion of the receiving procedure, the head of a permanent records management institution shall notify the relevant public institution of the result thereof, and the public institution shall preserve the transferred electronic records until it is notified of the result of completion of the receipt.

(6) Upon receiving a notice of the result of completion of receipt under paragraph (5), a public institution shall delete or destroy the relevant electronic records (excluding electronic records transferred by means of transferring noting but management authority under Article 19 (4) of the Act) and shall not restore the deleted records. <Amended on Jul. 5, 2022>

Article 53(Evaluation and disposal of records by permanent records management institutions) #

(1) Upon expiration of the retention period of records the retention period of which is not less than 30 years, the head of a permanent records management institution shall evaluate the archival value of the relevant records, and redetermine the retention period or classify them into postponement or disposal. In such cases, the archival value of the records classified as those for postponement shall be re-evaluated every five years.

(2) The head of a permanent records management institution shall, upon the lapse of 70 years from the cutoff date, evaluate the archival value of semi-permanent records and re-designate their retention period as permanent, or classify them for deferment or disposal; provided, in the case of semi-permanent records of low archival value among homogeneous or large-volume records, the archival value may be evaluated after 50 years from the cutoff date. <Amended on May 4, 2010>

(3) The head of a permanent records management institution shall re-evaluate the archival value of the records classified as those for postponement among the records evaluated under paragraph (2) every 10 years from the evaluation date thereof. <Added on May 4, 2010>

(4) The results of records evaluation conducted under paragraphs (1) through (3) shall be confirmed and implemented in consideration of opinions of institutions which have created them and through deliberation by the Records Evaluation Council provided for in Article 54. <Amended on May 4, 2010>

(5) Where any record with a retention period of at least 30 years falls under any of the following subparagraphs, the head of a permanent records management institution may dispose of them through the process provided in paragraph (6): <Amended on May 4, 2010; Nov. 4, 2014>

1. Where the need for preservation is deemed extinct due to a change, etc. in the retention period of the relevant record according to the records retention schedule;

2. Where the relevant records are stored in a preservation medium for a backup because the restoration is impossible due to serious physical damage to the records.

(6) Where a record referred to in the subparagraphs of paragraph (5) is to be disposed of, it shall be subject to the consultation with the institution which has created it and the deliberation by the Records Evaluation Council under Article 54 and the Committee. <Amended on May 4, 2010>

Article 54-2(Decision prohibiting disposal of records and notification thereof) #

(1) "Cases prescribed by Presidential Decree such as where an inspection agency or an investigative agency makes a request in cases of an important issue on a national scale or where the prohibition of discarding of records is urgently required for the protection of the rights and interests of the people" in the main clause of Article 27-3 (1) of the Act shall be any of the following: <Amended on Jul. 14, 2020>

1. Where a request to prohibit disposal of records is made by the Chairperson of the Board of Audit and Inspection of Korea, the Director-General of the Corruption Investigation Office for High-Ranking Officials, the Prosecutor General, the Commissioner General of the Korean National Police Agency, the head of an inspection committee established under a special Act or the head of a corresponding inspection agency or an investigative agency in cases involving an important issue on a national scale;

2. Where the prohibition on disposal of records is urgently required for the protection of the public rights and interests such as their lives, bodies, and property;

3. Where the prohibition on disposal of records is urgently required in relation to the guarantee of national security, national defense, unification, foreign relations, etc.;

4. Where the head of a permanent records management institution requests prohibition on disposal of records, deeming that those records fall under subparagraph 2 or 3;

(2) Where the head of the central records management institution decides to prohibit disposal for any of the reasons prescribed in any of the subparagraphs of paragraph (1), he or she shall publicly notify the names of institutions prohibited from disposal of records, the scope of records prohibited from disposal, and the reasons for and period of prohibitions, etc. through the information and communications networks such as on its website and shall notify relevant institutions of such details.

[This Article Added on May 26, 2020]

Article 55(Management of publications) #

(1) The registration of publications under Article 22 (1) of the Act may be omitted for any of the following publications:

1. Records registered under Article 20;

2. Publications determined by the head of a permanent records management institution as having low preservation and utilization value;

3. Publications issued by a public institution falling under any subparagraph of Article 3.

(2) The registration number of publications shall consist of the mark of a permanent records management institution, institution code of an institution which issues the publication (including the administrative agency code determined by the Minister of the Interior and Safety), registration serial number, and publication type classification mark, and the mark of a permanent records management institution records and publication type classification mark shall be determined by the head of the central records management institution. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) In principle, the mark of a publication registration number provided for in Article 22 (2) of the Act shall be placed on the top left corner of the front cover of a publication in an easily recognizable size, indicating "publication registration number" and marking the publication registration number thereunder.

(4) The head of a public institution shall send the registered publications (including publications not falling under paragraph (1) 1 or 2 among the publications in paragraph (1) 3) to the competent record repository or special record repository and the competent permanent records management institution and the central records management institution under Article 22 (2) of the Act by not later than 15 days after the publication thereof. In such cases, where any electronic file of publication which is published in a non-electronic form exists, it shall be sent together.

(5) The head of a records management institution may destruct all copies of a publication received under paragraph (4) except for one copy for preservation, where such publication becomes useless. <Added on May 4, 2010>

Article 57(Management of administrative artifacts) #

(1) The scope of administrative artifacts that a public institution has to manage under Article 24 of the Act shall be as listed in Appendix 4.

(2) Where a public institution has created, received, or acquired any administrative artifacts referred to in paragraph (1), it shall create and manage a management number and registration number in accordance with the method determined by the head of the central records management institution, and shall submit the relevant list and registration information when reporting on the creation status under Articles 33 and 42.

(3) Where any administrative artifacts have high archival value from among the administrative artifacts the creation status of which has been reported, the head of a permanent records management institution shall designate and manage them as administrative artifacts subject to transfer.

(4) When any grounds occur for the transfer of the administrative artifacts designated as those subject to transfer under paragraph (3), the public institution shall transfer them to the permanent records management institution, and the timing of transfer by type of administrative artifacts shall be as listed in Appendix 5.

(5) Where necessary for the purposes of utilization for performance of duty, exhibition, etc., the head of a public institution may extend the time frame for transfer of the administrative artifacts the timing of transfer of which has arrived, after consultation with the head of the competent permanent records management institution. <Amended on Nov. 30, 2010; Mar. 31, 2020>

(6) Where any administrative artifacts which are not designated as those subject to transfer under paragraph (3) fall under any of the following cases, a public institution may dispose of such administrative artifacts after undergoing the procedures provided for in Article 43 (1): <Added on May 4, 2010>

1. Where the necessity for permanent preservation is deemed disappeared due to the changes in administrative, historical, cultural, or artistic value;

2. Where the restoration is impossible due to serious physical damage.

Article 58(Management of records of closed institutions) #

(1) The transfer of records prescribed in the proviso of Article 25 (1) of the Act shall be conducted as follows: <Amended on Sep. 19, 2017>

1. Where a State agency or a local government agency is converted into a public institution prescribed in Article 3, under Article 25 (1) 1 of the Act: The head of such agency shall transfer records with at least 30 years of retention period to the competent permanent records management institution during the year following the year in which 10 years have elapsed from the cutoff date;

2. Where a State agency or a local government agency is converted into a civilian institution under Article 25 (1) 1 of the Act: The head of such agency shall transfer all records to the competent permanent records management institution without delay;

3. Where a public institution prescribed in Article 3 is converted into a civilian institution under Article 25 (1) 2 of the Act: The head of such institution shall transfer records with at least 30 years of retention period which are designated by the head of the competent permanent records management institution to the permanent records management institution without delay.

(2) Deleted. <Sep. 19, 2017>

(3) Where a department that has been operating in a public institution is closed and no department succeeds to its affairs, the head of the relevant public institution shall transfer all of its records to the record repository or special record repository without delay. <Amended on May 4, 2010>

(4) The head of a public institution that is to be closed under Article 25 (2) of the Act shall notify the central records management institution of the transfer plan before it commences the procedure for transferring records, and the head of the institution that succeeds to the closing public institution shall notify the central records management institution of the result of the process upon completion of procedures for taking over the records. <Added on May 4, 2010>

Article 63(Evaluation of management conditions of records) #

(1) The head of the central records management institution shall establish and implement a plan for appraisal of management conditions of records of public institutions by January 31 each year after deliberation by the Committee, and shall notify the relevant public institutions of the items, indexes, etc. of the appraisal in advance. <Amended on May 4, 2010>

(2) The head of a Si/Gun/Gu (referring to the head of an autonomous Gu) and the head of a district office of education provided for in Article 34 of the Local Education Autonomy Act shall submit a report on management conditions of records of the relevant institution for the previous year by the end of February each year to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or to the superintendent of the office of education of the competent Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "superintendent of City/Do office of education"). <Amended on May 4, 2010; Jun. 11, 2014>

(3) The head of a central administrative agency, a Mayor/Do Governor, or the superintendent of a City/Do office of education shall submit a report on management conditions of records of the relevant agency for the previous year including the management conditions of records received under paragraph (2) to the head of the central records management institution by March 31 each year. <Amended on May 4, 2010>

(4) Where it is necessary to appraise the management conditions of records of a public institution falling under any subparagraph of Article 3, the head of the central records management institution may request the head of the relevant public institution to submit a report on management conditions of records for the previous year. <Amended on May 4, 2010>

(5) The head of the central records management institution shall appraise the management conditions of records reported each year under paragraphs (3) and (4) and submit a report on the results of such appraisal to the State Council after deliberation of the Committee, and shall officially announce the results thereof. <Amended on May 4, 2010>

[Title Amended on May 4, 2010]

Article 68(Transfer of confidential records) #

(1) The confidential records that have been created by a public institution under Article 33 (1) of the Act shall be transferred to the record repository or special record repository when any of the following causes occur:

1. Where they are reclassified as an ordinary document;

2. Where the period of protection of confidentiality is terminated by a written advance notice;

3. Where 30 years pass since the creation thereof.

(2) The head of a record repository or special record repository shall transfer the confidential records the retention period of which is not less than 30 years from among the records received under paragraph (1) in accordance with the schedule determined by the relevant permanent records management institution within the year following the year in which they are received; provided, as for the received records for which 10 years have not passed from the cutoff date, they shall be preserved by the record repository or record repository for the remaining period of time.

(3) Notwithstanding paragraph (2), a public institution falling under any subparagraph of Article 3 shall preserve records directly; provided, as for the records designated by a permanent records management institution for their significant national archival value, they shall be transferred to the competent permanent records management institution.

(4) Confidential records that have not been created in an electronic form shall be transferred under Article 33 (2) of the Act by putting them inside a sealed envelope by case or volume.

(5) The procedures for the transfer of confidential records that have been reclassified as an ordinary document shall be subject to Article 32 or 40. <Amended on May 4, 2010>

(6) The head of a permanent records management institution may reclassify the records falling under any of the following subparagraphs from among the confidential records managed by the institution:

1. Confidential records for which 30 years have passed from the cutoff date; provided, as for confidential records for which the period of protection of confidentiality remains in accordance with a written advance notice, approval from the institution that has created such records shall be obtained;

2. Where the institution that has created such records is closed and the period of protection of confidentiality of the confidential records is terminated while it is unclear which institution will be succeeding to its functions.

Article 71(Management of status of creation of confidential records) #

(1) Pursuant to Article 34 of the Act, the head of a public institution shall notify the head of the competent record repository or special record repository of the current status of the creation, declassification, and reclassification of confidential records for the previous year in the form prescribed by Decree of the Ministry of the Interior and Safety by May 31 of each year, and the head of the record repository or special record repository shall notify the head of the competent permanent records management institution by August 31 of each year. <Amended on Feb. 29, 2008; May 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(2) The head of a public institution shall prepare and manage a list of confidential records included in the current status of creation referred to in paragraph (1) in the form prescribed by Decree of the Ministry of the Interior and Safety, and shall notify the head of the competent record repository or special record repository of the list by May 31 of the year following the year when three years pass since it has been created. In such cases, where any confidential information is included in the title of the list of confidential records, he or she may submit the list after deleting the relevant information. <Amended on Feb. 29, 2008; May 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) The head of a record repository or special record repository shall notify the head of the competent permanent records management institution of the records with a retention period of at least 30 years in the list of confidential records notified under paragraph (2) by August 31 of each year. <Amended on May 4, 2010>

(4) The head of the central records management institution may request the heads of local records management institutions to notify the current status of the creation, declassification, and reclassification of confidential records relating to the affairs delegated by the State whose retention period is at least 30 years.

(5) The head of a permanent records management institution shall store and manage the list of confidential records separately in a computer equipment exclusive for confidential records from among information relating to the current status of creation, declassification, and reclassification notified under Article 34 of the Act. In such cases, the relevant list shall be managed as confidential until the protection period of the relevant records terminates.

Article 78(Qualification for and placement of records management specialist) #

(1) Any of the following persons shall be qualified as a records management specialist under Article 41 (2) of the Act: <Amended on Feb. 29, 2008; Dec. 31, 2008; Feb. 22, 2011; Mar. 23, 2013; Sep. 13, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 31, 2020>

1. A person who has obtained a master's degree or higher in records management;

2. Any of the following persons who have passed a qualifying examination for records management specialists conducted by the Minister of the Interior and Safety after completing the education course in records management prescribed by Decree of the Ministry of the Interior and Safety:

(a) A person who has obtained a bachelor's degree in records management;

(b) A person who has obtained a bachelor's degree or higher in history or library and information science;

3. Deleted; <Sep. 13, 2013>

4. Deleted; <Sep. 13, 2013>

5. Deleted. <Sep. 13, 2013>

(2) A records management institution shall employ records management specialists who shall be responsible for the transfer, evaluation, classification, arrangement and description, disposal, preservation, etc. of records, in at least one quarter (at least one person in cases where 1/4 is less than one person) of its staff members, and other experts necessary for the management of records. <Amended on May 4, 2010>

(3) Matters necessary for the subjects, method, etc. of the qualifying examination for records management specialists conducted by the Minister of the Interior and Safety under paragraph (1) 2 shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 22, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(4) Deleted. <Sep. 13, 2013>

(5) The Minister of the Interior and Safety shall issue a certificate of a records management specialist to a person meeting the qualification requirements of a records management specialist under paragraph (1), as prescribed by Decree of the Ministry of the Interior and Safety. <Added on Sep. 13, 2013; Nov. 19, 2014; Jul. 26, 2017>

(6) Against a person who cheated on the qualifying examination for records management specialists, the Minister of the Interior and Safety may suspend the examination, make the examination void, or cancel the decision of passing the examination, and may bar such person from applying for the examination for two years from the date of such disposition. <Added on Sep. 13, 2013; Nov. 19, 2014; Jul. 26, 2017>

Article 79(Education and training for records management) #

(1) The head of the central records management institution shall provide the following education and training for records management (hereinafter referred to as "education and training for records management") under Article 42 of the Act: <Amended on Jul. 5, 2022>

1. Education and training specialized in records management: Education and training for persons engaged in records management, persons who support the construction and operation of the electronic records creation system, records management system, and permanent records management system, and others;

2. General education and training for records management: Education and training of public officials, executives and employees of public institutions, and owners, managers, etc. of State-designated records;

(2) The head of the central records management institution may provide records management institutions with assistance necessary for education and training for records management, such as instructors, curriculum, and teaching materials. <Amended on Jul. 5, 2022>

(3) The head of the central records management institution shall formulate and implement regulations on education and training to provide education and training for records management. <Added on Jul. 5, 2022>

(4) Where necessary, the head of the central records management institution may entrust the education and training of persons subject to education and training for records management to a domestic or foreign educational institution of records management, in consultation with the heads of the institutions to which such persons belong. <Amended on Jul. 5, 2022>

(5) Employees of a records management institution who are not records management specialists shall complete such education and training courses specialized in records management as are determined by the head of the central records management institution before they are assigned, or before six months pass after they are assigned to the records management institution. <Added on Sep. 13, 2013; Jul. 5, 2022>

[Title Amended on Jul. 5, 2022]

Article 81(Procedures for designation or revocation of designation as State-designated records) #

(1) Where the head of the central records management institution intends to designate any private records as State-designated records or to revoke such designation under Article 43 (1) or (6) of the Act, he or she may assign a public official under his or her control to examine the archival value, etc. of such records and request relevant experts to review the results of such examination.

(2) A person who intends to apply for the designation of State-designated records or the revocation thereof under Article 43 (2) or (6) of the Act shall submit a written application to the central records management institution, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) Where the head of the central records management institution intends to designate any private records as State-designated records under Article 43 (1) of the Act, he or she shall give prior notice of an agenda item through the Official Gazette or information and communications network for at least 30 days before making the deliberation thereon by the Committee.

(4) The Committee shall deliberate on whether to designate any private records as State-designated records or to revoke such designation by referring to the results of examination acquired under paragraph (1) and prior notice given under paragraph (3).

(5) When the head of the central records management institution intends to designate any private records as State-designated records or revokes such designation, he or she shall publish such intention in the Official Gazette or publicly notify through information and communications network, and shall make registration thereof as prescribed by Decree of the Ministry of the Interior and Safety and inform such fact to the owner or manager thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

ENFORCEMENT DECREE OF THE PUBLIC RECORDS MANAGEMENT ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of public institutions) #

Article 4(Principles of records management) #

Article 5(Security management of electronic records) #

Article 6(Central records management institution) #

Article 7(Entrusted management of records of constitutional institutions) #

Article 8(Transfer of records by institutions without local records management institutions) #

Article 9(Joint establishment of local records management institution) #

Article 10(Establishment of records repositories) #

Article 11(Establishment of special record repositories) #

Article 12(Operation of National Records Management Committee) #

Article 13(Organization and operation of expert committee) #

Article 14(Organization and operation of special committee) #

Article 15(Assistance for operation of committee) #

Article 16(Matters subject to be archived and records management) #

Article 17(Production of investigation and research records or examination records) #

Article 18(Preparation and management of meeting minutes) #

Article 19(Creation of audio-visual records) #

Article 20(Registration of records) #

Article 21(Registration and management of important records other than official documents) #

Article 22(Classification of records) #

Article 23(Filing and management) #

Article 24(Arrangement of records) #

Article 25(Records retention schedule) #

Article 26(retention period) #

Article 27(Management by classification as to disclosure) #

Article 28(Management of authority of access) #

Article 29(Methods of preservation) #

Article 30(Places of preservation) #

Article 31(Designation of records for office use) #

Article 31-2(Electronic records that may be transferred by a method involving only the transfer of management authority) #

Article 32(Transfer of records) #

Article 33(Notification of records creation status by processing division) #

Article 34(Management of registration information by electronic records creation system) #

Article 34-2(Consultation in advance for establishment and improvement of electronic records creation system) #

Article 34-3(Management of administrative information dataset) #

Article 35(Receipt of records of processing division) #

Article 36(Preservation of electronic records by record repositories and special record repositories) #

Article 36-2(Management of technical information on electronic records) #

Article 37(Electronic management of records created in non-electronic forms among records preserved by record repositories and special record repositories) #

Article 38(Management of libraries in record repositories and special record repositories) #

Article 39(Storage of records in preservation media by record repositories and special record repositories) #

Article 40(Transfer of records under control of record repositories and special record repositories) #

Article 41(Delay of timing of transferring confidential records under control of special record repository) #

Article 42(Notification of records creation) #

Article 43(Evaluation and disposal of records under control of record repository and special record repository) #

Article 44(Receipt of records by record repository and special record repository) #

Article 45(Consultation on extension of time frame for transfer of confidential records under control of special record repository and transfer thereof) #

Article 46(Preservation and management of electronic records by permanent records management institutions) #

Article 46-2(Collection and management of web records by the permanent records management institution) #

Article 47(Electronic management of records created in non-electronic forms among records preserved by permanent records management institutions) #

Article 48(Management of libraries of permanent records management institutions) #

Article 49(Storage in preservation media by permanent records management institutions) #

Article 50(Condition assessment of records preserved by a permanent records management institution) #

Article 51(Restoration of records by permanent records management institutions) #

Article 52(Duplicated preservation of important records) #

Article 53(Evaluation and disposal of records by permanent records management institutions) #

Article 54(Records Evaluation Council) #

Article 54-2(Decision prohibiting disposal of records and notification thereof) #

Article 54-3(Lifting of prohibition on disposal of records) #

Article 54-4(Management of records prohibited from disposal) #

Article 55(Management of publications) #

Article 56(Timing of transferring audio-visual records) #

Article 57(Management of administrative artifacts) #

Article 58(Management of records of closed institutions) #

Article 59(Standards for compensation of retrieved records) #

Article 60(Standards for preservation facilities, equipment, and environment of records management institutions) #

Article 61(Enactment, and amendment of specifications of recording media and materials) #

Article 62(Measures against disaster and security control of records) #

Article 62-2(Additional entry or correction of records) #

Article 63(Evaluation of management conditions of records) #

Article 64(Inspection of management conditions of records and measures) #

Article 65 #

Article 66(Library exclusive for management of confidential records) #

Article 67(Application of retention period of confidential records) #

Article 68(Transfer of confidential records) #

Article 69(Management of table of standards for records management concerning confidential information) #

Article 70(Arrangement of confidential records) #