Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Assistance for Non-Profit, Non-Governmental Organizations Act and matters necessary for the enforcement thereof. <Amended on Aug. 29, 2016>
Article 2(Definitions) #
The term "business expense" in this Decree means personnel and physical expenses incurred in relation to public interest business performed with subsidies under the Assistance for Non-Profit, Non-Governmental Organizations Act (hereinafter referred to as the "Act"); provided, personnel expenses shall be limited to actual expenses, other than remuneration for executive officers and employees of an organization. <Amended on Aug. 29, 2016>
Article 3(Registration Procedures) #
(1) Among non-profit, non-governmental organizations that intend to apply for registration pursuant to Article 4 (1) of the Act, if the scope of their business extends over at least 2 Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos or Special Self-Governing Provinces (hereinafter referred to as "City/Do"), and they establish and operate their office in at least 2 Cities/Dos, they shall submit (including submission by electronic documents) an application for registration in attached Form 1, along with the following documents, to the head of a central administrative agency that supervises the main public interest activities; and in the case of organizations other than those described above, submission shall be made to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) in which their office is located (in the case of at least 2 offices, referring to the main office); provided, where the office of a non-profit, non-governmental organization is located only in a large city with a population of at least 1 million under Article 198 (2) 1 of the Local Autonomy Act (hereinafter referred to as "Special Si"), and the scope of its business is limited to the relevant Special Si, the submission shall be made to the head of the relevant Special Si: <Amended on Dec. 31, 2007; Nov. 20, 2013; Apr. 25, 2023>
1. 1 copy of the bylaws;
2. 1 copy of the minutes of the general meetings of the relevant year and the previous year;
3. 1 copy of a business plan and a budget of revenues and expenditures of the relevant year and the previous year, and 1 copy of the settlement of accounts of the previous year;
4. 1 copy of the list of members;
5. 1 copy of data evidencing the performance of public interest activities for the last 1 year or more.
(2) Upon receipt of an application for registration under paragraph (1), the head of a central administrative agency, a Mayor/Do Governor, or the head of a Special Si shall issue a certificate of registration in attached Form 2 to an organization that meets the requirements for non-profit, non-governmental organizations within 20 days from the date of receipt of such application, and shall enter it in the registration ledger in attached Form 3. <Amended on Mar. 29, 2011; Nov. 20, 2013; Apr. 25, 2023>
(3) The head of a central administrative agency, a Mayor/Do Governor, or the head of a Special Si who has issued a registration certificate under paragraph (2) shall, without delay, publish it in the Official Gazette or an official report and notify the Minister of the Interior and Safety of such fact. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 20, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 25, 2023>
(4) “Where registration is modified” in the latter part of Article 4 (2) of the Act means any of the following: <Amended on Nov. 20, 2013; Aug. 29, 2016; Apr. 25, 2023>
1. Where the name of the organization has been changed;
2. Where the representative or manager has been changed;
3. Where the location of an office (referring to the principal office, if at least 2 offices exist) has been changed;
4. Where the main business has been changed.
(5) Paragraphs (1) through (3) shall apply mutatis mutandis to the procedures for the modification of registration under the latter part of Article 4 (2) of the Act. In such cases, the head of a central administrative agency, a Mayor/Do Governor, or the head of a Special Si, in receipt of an application for the modification of registration, shall recover the previous registration certificate and issue a new registration certificate within 10 days from the date of receipt of an application for the modification of registration of a non-profit, non-governmental organization in attached Form 1. <Newly Inserted on Aug. 29, 2016; Apr. 25, 2023>
(6) The registration ledger referred to in paragraph (2) shall be prepared and managed in a manner that can be electronically processed, unless there is a compelling reason to make electronic processing impossible. <Newly Inserted on Dec. 31, 2007; Aug. 29, 2016>
Article 4 #
Deleted. <Aug. 29, 2016>
Article 5(Types of Public Interest Business) #
The types of public interest business under Article 7 (1) of the Act shall be as follows: <Amended on Apr. 25, 2023>
1. Business not overlapping with that of the State, a City/Do, or a Special Si;
2. Business that has complementary and synergy effects on the policies of the State, a City/Do, or a Special Si;
3. Business to be implemented at the State, a City/Do, or a Special Si level.
Article 6(Composition of Committee for Selection of Public Interest Business) #
(1) In order to select public interest business under Article 7 of the Act, the Committee for Selection of Public Interest Business (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Special Si. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 25, 2023>
(2) The Committee shall be comprised of not less than 10 but not more than 15 members, including 1 chairperson, and the chairperson shall be elected from among and by its members.
(3) 3 persons each recommended by the Speaker of the National Assembly, the Speaker of the City/Do Council, or the Speaker of the Special Si Council and persons each commissioned by the Minister of the Interior and Safety, a Mayor/Do Governor, the head of a Special Si from among persons recommended by registered non-profit, non-governmental organizations shall become the members, all of whom fall under any of the following: <Amended on Jun. 12, 2006; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 25, 2023>
1. A person who has worked as an executive officer or employee of a non-profit, non-governmental organization for at least 5 years;
2. A person who has worked as an associate professor or higher or in an equivalent position in the field related to a non-profit, non-governmental organization of a college, university or public research institute;
3. A public official of Grade III or higher (Grade IV in the case of a City/Do or a Special Si) or a public official in general service of the Senior Executive Service who has experience working in cooperation with the non-governmental sector;
4. A judge, public prosecutor, attorney-at-law, or certified public accountant who has experience engaging with a non-profit, non-governmental organization.
(4) The term of office of the chairperson and members shall be 2 years.
(5) Except in any of the following cases, a member shall not be dismissed from his or her office against his or her will: <Newly Inserted on Jul. 19, 2012>
1. Where the member is sentenced to imprisonment without labor or heavier punishment;
2. Where the member has acquired property gains, such as money and valuables, in connection with the selection of support business and the determination of the amount of subsidies under Article 7 (2) of the Act;
Article 7(Operation of Committee) #
(1) The chairperson shall represent the Committee and exercise overall control over the affairs of the Committee.
(2) A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(3) A meeting of the Committee shall be convened by the chairperson or at the request of the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Special Si. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 25, 2023>
(4) The Committee shall deliberate and resolve on the following matters in consideration of the matters referred to in each subparagraph of Article 8 (1):
1. Selection of support business and determination of the amount of subsidies;
2. Direction for evaluating support business for the relevant year;
3. Other important matters raised in the process of examination, selection, evaluation, etc. of support business.
Article 7-2(Exclusion and Recusal of Members) #
(1) Any of the following members shall be excluded from deliberation and resolution on the relevant agenda item:
1. Where the member or his or her current or former spouse is the representative of a non-profit, non-governmental organization which is a party to the relevant agenda item or is a joint holder of any right or obligation with the representative;
2. Where the member is or was a relative of the representative of a non-profit, non-governmental organization which is a party to the relevant agenda item;
3. Where the member serves or has served as an executive officer or employee of a non-profit, non-governmental organization which is a party to the relevant agenda item or has served as an executive officer or employee of the non-profit, non-governmental organization within the last 3 years;
4. Where the member is commissioned as a member upon the recommendation of a non-profit, non-governmental organization which is a party to the relevant agenda item.
(2) A member who falls under any of the grounds for exclusion referred to in the subparagraphs of paragraph (1) shall recuse himself or herself from deliberation and resolution on the relevant agenda item.
[This Article Newly Inserted on Jul. 19, 2012]
Article 8(Selection of Business and Determination of Amount of Subsidies) #
(1) The Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Special Si shall determine individual business to support under Article 7 (2) of the Act in consideration of the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 25, 2023>
1. Originality;
2. Economic feasibility;
3. Ripple effects;
4. Resolving social problems and meeting residents' needs;
5. Feasibility of budgets for which applications are filed and self-financing rate;
6. Business evaluation results of the previous year;
7. Expertise, responsibility, development, records of recent public interest activities, etc. of an organization.
(2) The Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Special Si shall determine the amount of subsidies under Article 7 (2) of the Act in consideration of the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 25, 2023>
1. Amount allocated by business type;
2. Examination results;
3. An organization's budget of the previous year and its ability to perform business.
(3) The amount to be allocated for each type of business under paragraph (2) 1 shall be determined based on the number of business for which applications are submitted in the relevant business year and the amount for such business.
Article 9(Public Announcement of Selection Standards) #
The selection standards under Article 7 (4) of the Act shall be publicly announced by publishing them in 2 or more daily newspapers, the Official Gazette, on the website, etc.
[This Article Wholly Amended on Nov. 24, 2020]
Article 10(Business Plan) #
A business plan under Article 8 of the Act shall include the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. Business objectives;
2. Business implementation methods to achieve business objectives;
3. Detailed implementation plans, such as business implementation schedules;
4. Expected effects;
5. Business expense execution plans;
6. Other matters determined by the Minister of the Interior and Safety.
Article 11(Business Report) #
A business report under Article 9 of the Act shall include the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. Business implementation results;
2. Details of self-evaluation;
3. Accounting report on business expenses;
4. Other matters determined by the Minister of the Interior and Safety.
Article 12(Business Evaluation) #
The Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Special Si shall yearly evaluate the support business of the relevant year and reflect the results thereof in the support business for the following year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 25, 2023>
Article 13(Administrative Support and Cooperation) #
(1) The Minister of the Interior and Safety may request that the head of a business-related central administrative agency, a Mayor/Do Governor, or the head of a Special Si provide necessary administrative support for the efficient implementation of support business. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 20, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 25, 2023>
(2) A non-profit, non-governmental organization that performs support business may, if necessary for the performance of such business, request that public institutions, etc. involved in the relevant business cooperate in matters related to the affairs, etc.
Article 14(Reduction of Postal Charges) #
25/100 of the ordinary postal rates shall be reduced for postal items for which postal charges are paid separately or in arrears, among the postal items used by non-profit and non-governmental organizations registered under Article 3 for public interest activities; provided, where the reduction rate, etc. of postal items under Article 26-2 (2) of the Postal Service Act exceeds 25/100, the standards shall apply. <Amended on Feb. 29, 2008; Nov. 20, 2013; Jan. 5, 2021>