영문법령 불러오는 중…

REGULATIONS ON DELEGATION AND ENTRUSTMENT OF ADMINISTRATIVE AUTHORITY — 법갈피

영문법령 / REGULATIONS ON DELEGATION AND ENTRUSTMENT OF ADMINISTRATIVE AUTHORITY

REGULATIONS ON DELEGATION AND ENTRUSTMENT OF ADMINISTRATIVE AUTHORITY

대통령령타법개정시행 2025-07-01행정안전부 · 제35588호 · 공포 2025-06-02

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe the authority of administrative agencies to delegate to the heads of auxiliary or lower-level administrative agencies, or to delegate or entrust to the heads of other administrative agencies or local governments, among the authority of administrative agencies stipulated in statute, under Article 6 (1) of the Government Organization Act and other statutes and regulations, in order to improve administrative efficiency, simplify administrative affairs, and ensure consistency in the authority and responsibility of administrative agencies, and to stipulate the authority to delegate to corporations, organizations, or agencies affiliated therewith or individuals other than local governments, among the business affairs under the jurisdiction of administrative agencies stipulated in statutes, in order to expand opportunities for autonomous administrative participation by the private sector by reducing the scope of administrative intervention pursuant to Article 6 (3) of the Government Organization Act and other statutes and regulations.

Article 2(Definitions) #

The terms used in this Decree are defined as follows:

1. The term "delegation" means the entrustment of part of the authority of the head of an administrative agency prescribed by statutes to the head of a subsidiary body, the head of a subordinate administrative agency, or the head of a local government to exercise it under his or her authority and responsibility;

2. The term "entrustment" means entrusting part of the authority of the head of an administrative agency prescribed by statutes to the head of another administrative agency to exercise it under his or her authority and responsibility;

3. The term "entrustment to the private sector" means entrusting part of the business affairs of an administrative agency prescribed by a statute to a corporation or organization, other than a local government, or an agency affiliated therewith or individual to perform such administrative affairs under his or her name and responsibility;

4. The term "delegating agency" means the head of the relevant administrative agency who delegates his or her authority, and the term "delegated agency" means the head of a subordinate administrative agency and the head of a local government to whom the authority of the head of an administrative agency is delegated;

Article 18(Jurisdiction of Ministry of Food and Drug Safety) #

(1) The Minister of Food and Drug Safety shall delegate his or her authority over the following matters to the heads of regional offices of food and drug safety: <Amended on Jul. 28, 2014; Apr. 24, 2018>

1. The following business affairs, among the business affairs related to permission, etc. for manufacturing business of drugs, etc. under Articles 31 (1) through (9) and 42 (1) and (4) of the Pharmaceutical Affairs Act (hereafter in this paragraph referred to as the "Act"):

(a) Permission for manufacturing business of drugs and permission for modification thereof;

(b) Acceptance of reports on contract manufacturing and distribution business of drugs and reports on changes;

(d) Acceptance of reports on the manufacture and sale, or import declaration, of quasi-drugs subject to the requirement for reporting on the manufacture and sale or import, and acceptance of reports on change;

(e) Permission for the manufacture and sale, or import of quasi-drugs subject to permission for manufacture and sale or import of quasi-drugs (excluding quasi-drugs requiring examination of safety and effectiveness) and permission for modification thereof;

2. Approval for a physician, specialized technician, or technician to be assigned pursuant to the proviso of Article 36 (1), paragraph (2) of that Article, and Article 42 (4) of the Act;

3. Acceptance of reports on a recall plan for drugs, etc. in distribution which have problems with the safety and effectiveness, which are filed by persons who have obtained permission by item of drugs, quasi-drug manufacturers, and importers of drugs, etc. under Article 39 of the Act;

4. Acceptance of reports on temporary or permanent closure of business, etc., which are filed by a manufacturer of drugs, etc. and a person who has obtained permission by item of drugs, etc. under Article 40 of the Act;

5. Deleted; <Sep. 22, 2020>

6. Issuing an order to a drug manufacturer or a person who has obtained permission by item to produce drugs or to commence business under Article 70 of the Act;

7. Issuing a recall order or destruction order to a person who has obtained permission by item of drugs, quasi-drug manufacturers, and importers of drugs, etc., or issuing an order to take other necessary measures and dispositions under Article 71 of the Act;

8. Ordering persons who have obtained permission by item of drugs, quasi-drug manufacturers, and importers of drugs, etc. to publicly announce plans for recall of drugs, etc. and measures such as recall and destruction under Article 72 of the Act;

9. Ordering manufacturers or importers of drugs, etc. to receive inspections under Article 73 of the Act;

10. Ordering manufacturers of drugs, etc., persons who have obtained permission by item of drugs, or importers to repair facilities and to suspend the use of facilities, etc. under Article 74 of the Act;

11. Ordering manufacturers of drugs, etc. under Article 75 of the Act and importers for whom that Article is applied mutatis mutandis pursuant to Article 42 (4) of that Act to change their managers;

12. Revocation of permission, approval, or registration of manufacturers of drugs, etc., persons who have obtained permission by item of drugs, or importers of drugs. etc., or closure of contract manufacturing and distribution business establishments or factories, issuance of orders to prohibit manufacturing and import of items, and orders to fully or partially or partially suspend business operations under Article 76 of the Act;

13. Hearings on manufacturers of drugs, etc., persons who have obtained permission by item, or importers of drugs, etc. under Article 77 of the Act;

14. Imposing or collecting penalty surcharges on or from manufacturers of drugs, etc., persons who have obtained permission by item, or importers of drugs, etc. under Article 81 of the Act;

15. Accepting the following reports, among the acceptance of reports on succession to the status of a manufacturer, etc. under Article 89 (3) of the Act:

(a) Acceptance of reports on succession to the status of drug manufacturers under Article 31 (1) of the Act;

(b) Acceptance of a report on succession to the status of a person who has filed a drug item notification under Article 31 (2) of the Act and an import item notification under Article 42 (1) of the Act (excluding a notification on drug substance determined and publicly notified by the Minister of Food and Drug Safety);

(c) Acceptance of reports on succession to the status of a person who has filed a report on contract manufacturing and distribution business of drugs under Article 31 (3) of the Act;

(d) Acceptance of reports on succession to the status of quasi-drug manufacturers, and acceptance of report on succession to status of persons who have filed a report on the items of manufacture and distribution or import of quasi-drugs falling under subparagraph 1 (d) or (e), or a report on succession to the status of persons who have obtained permission under Article 31 (4) of the Act;

16. Imposing or collecting administrative fines on or from manufacturers of drugs, etc., persons who have obtained permission by item of drugs, importers, manufacturing managers, etc. of drugs, etc. under Article 98 of the Act.

(2) Deleted. <Mar. 3, 2015>

(3) The Minister of Food and Drug Safety shall delegate the authority concerning the following matters to the President of the Korea Food and Drug Administration:

1. Authority to approve State-verified drugs under Article 53 of the Pharmaceutical Affairs Act;

2. Authority to examine and report functional cosmetics under Article 4 of the Cosmetics Act.

(4) The Minister of Food and Drug Safety shall entrust the Minister of Agriculture, Food and Rural Affairs with authority over agricultural products among the following matters under the Agricultural and Fishery Products Quality Control Act (hereafter in this paragraph referred to as the "Act"):

1. Safety inspection of agricultural products under Article 61 of the Act;

2. Collection, investigation, and inspection of samples of agricultural products under Article 62 of the Act;

3. Taking measures based on results of safety inspections of agricultural products and notifying the results thereof pursuant to Article 63 of the Act;

4. Designation of safety inspection agencies for agricultural products under Article 64 of the Act;

5. Dispositions, such as revocation of designation of safety inspection agencies for agricultural products under Article 65 of the Act;

6. Education and public relations on the safety of agricultural products, entrustment of education and public relations, and budgetary support for education and public relations on the safety of agricultural products under Article 66 of the Act;

7. Research, development, and dissemination of technology for safety analysis methods, etc. of agricultural products under Article 67 of the Act;

8. Reduction of, exemption from, and collection of fees for applying for the designation of safety inspection agencies for agricultural products under subparagraph 10 of Article 113 of the Act;

9. Hearings under Article 114 (1) 9 of the Act.

(5) The Minister of Food and Drug Safety shall entrust the Minister of Oceans and Fisheries with the authority over fishery products among the following matters under the Agricultural and Fishery Products Quality Control Act (hereafter in this paragraph referred to as the "Act"):

1. Safety inspection of fishery products under Article 61 of the Act;

2. Collection, investigation, and inspection of samples of fishery products under Article 62 of the Act;

3. Taking measures based on the results of safety inspections of fishery products and notifying the results thereof pursuant to Article 63 of the Act;

4. Designation of safety inspection agencies for fishery products under Article 64 of the Act;

5. Dispositions, such as revocation of designation of safety inspection agencies for fishery products under Article 65 of the Act;

6. Education and public relations on the safety of agricultural products, entrustment of education and public relations, and budgetary support for education and public relations on safety of fishery products under Article 66 of the Act;

7. Research, development, and dissemination of technology for safety analysis methods, etc. of fishery products under Article 67 of the Act;

8. Reduction or exemption of and collection of fees for applying for designation of safety inspection agencies for fishery products under subparagraph 10 of Article 113 of the Act;

9. Hearings under Article 114 (1) 9 of the Act.

(6) The Minister of Food and Drug Safety shall delegate the authority to grant or cancel the establishment permit, grant approval for amendment of articles of incorporation, accept dissolution reports, and provide other guidance and supervision regarding non-profit corporations established or to be established under the jurisdiction of the Commissioner of the Ministry of Food and Drug Safety pursuant to Article 32 of the Civil Act (only applicable when the scope of activities of non-profit corporations is limited to the jurisdictional areas of two or fewer adjacent special cities, metropolitan cities, special autonomous cities, provincial governors, or special autonomous province governors, and excluding non-profit corporations determined and announced by the Commissioner of the Ministry of Food and Drug Safety) to the mayor of a special city, metropolitan city, special autonomous city, provincial governor, or special autonomous province. However, when the scope of activities of a non-profit corporation spans two adjacent special cities, metropolitan cities, special autonomous cities, provinces, or special autonomous provinces, the authority shall be delegated to the mayor of a special city, metropolitan city, special autonomous city, provincial governor, or special autonomous province with jurisdiction over the area where the main office of the corporation is located. <Added on Feb. 18, 2014>

[This Article Added on Mar. 23, 2013]

Article 21-2(Jurisdiction of Ministry of Science and ICT) #

(1) The Minister of Science and ICT shall delegate his or her authority over the following matters to the head of the Korea Post: <Amended on Nov. 20, 2013; Mar. 3, 2015; Apr. 20, 2015; Jul. 26, 2017; Apr. 3, 2018; Jan. 5, 2021; Jul. 2, 2024>

1. The following matters under the jurisdiction of the Korea Post under the Management of the National Funds Act (hereafter in this subparagraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this subparagraph referred to as the "Decree"):

(a) Matters regarding the management of fund of prior use and the appointment of officers empowered to order receipts and disbursements of fund of prior use and public officials in charge of accounts for fund of prior use under Article 18 of the Act;

(b) Request for the disbursement of fund of prior use and return of fund of prior use under Article 20 of the Decree;

2. The following matters under the Act on Contracts to Which the State Is a Party (hereafter in this subparagraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this subparagraph referred to as the "Decree"):

(a) Restrictions on qualifications for participation by inappropriate business entities in tendering procedures and notification thereof under Article 27 of the Act;

(b) Determination of a successful tenderer in competitive tendering procedure that encumbers the National Treasury under Article 42 of the Decree;

(c) Approval for the conclusion of a contract on the unit price in a long-term continuing contract under Article 69 (1) of the Decree;

3. The following matters under the Regulations on Participation of Post Office in Clearing House (hereafter in this subparagraph referred to as the "Decree"):

(a) Approval for participation in a clearing house under Article 2 of the Decree;

(b) Matters regarding the exchange and payment of postal money order certificates under Article 3 (2) of the Decree;

(d) Approval for withdrawal from a clearing house under Article 6 of the Decree;

4. The following matters under the Regulations on Cash Receipts and Disbursements of Postal Service Agencies (hereafter in this subparagraph referred to as the "Decree"):

(a) Matters regarding the acceptance or receipt of cash under Article 3 of the Decree;

(b) Matters regarding account books substituting books of cash receipts and disbursements under Article 5 of the Decree;

(c) Matters regarding reporting on the settlement of accounts of cash receipts and disbursements under Article 7 of the Decree;

(d) Matters regarding consultation on payment in substitution for tax revenues of postal services under the proviso of Article 8 of the Decree and such consultation;

(e) Matters regarding reporting on the amount of tax revenues under Article 11 of the Decree;

5. The following matters under the Universal Postal Convention and rules annexed thereto:

(a) Investigation of whereabouts of international postal items and international money orders and international exchange and payment of compensation for damages caused thereby;

(b) Settlement with foreign postal administrations for international return postage stamps, transport charges, relay charges, and handling charges for international postal items, and coordination of routes and schedule of transport of international airmail items;

6. Permission to take exclusive charge of association affairs under Article 66 (3) of the State Public Officials Act;

7. Consultation on the amount of regular business travel expenses under Article 29 (2) of the Regulations on Travel Expenses of Public Officials, and the consultation on and designation of persons eligible for the payment of such expenses;

8. The following matters under Article 14 of the Regulations on Allowances for Public Officials:

(a) Matters regarding the amount of allowances for research affairs, allowances for special duties [allowances for public officials provided in subparagraph 3 (f) 3) of Appendix 11 of the Regulations on Allowances for Public Officials (allowances for public officials in charge of civil service windows in civil service offices established in administrative agencies of various levels and directly handling civil petition documents at all times)], and technical information allowances [allowances of public officials provided in subparagraph 1-11 of that Appendix (public officials directly in charge of computer services)] among special duties allowances for public officials belonging to the Korea Post Office, agencies eligible for such payment, and the scope thereof;

(b) Matters regarding the amount and method of payment of special duty allowances for public officials belonging to the Korea Post [allowances provided in subparagraph 3 (f) 7 of Appendix 11 of the Regulations on Allowances for Public Officials titled "allowances for Grade VI or lower-ranking public officials engaged in on-site work among public officials belonging to the Ministry of Science and ICT and public officials equivalent thereto"];

9. The following matters under the jurisdiction of the Korea Post Office under the Commodity Management Act (hereafter in this subparagraph referred to as the "Act"):

(a) Classification and management of commodities and conversion of classification under Article 5 (1) and (2) of the Act;

(b) Designation of standards for commodities under Article 6 of the Act;

(d) Designation of commodity management officers under Article 9 of the Act, and designation of public officials who take partial charge of business affairs, or substitute public officials under Article 12 of the Act;

(e) Approval for the fixed-number management of commodities under Article 16 (2) of the Act;

(f) Matters regarding inventory management under Article 18 of the Act;

(g) Approval for transfer of management of commodities under the proviso of Article 22 (1) of the Act;

(h) Matters regarding maintenance of commodities under Article 23 (1) and (2) of the Act;

(i) Management through computerization of commodity management affairs under Article 25 of the Act;

(j) Decision on the disuse of commodities and approval for disposal of commodities under the proviso of Article 35 (1) and (2) of the Act;

(k) Disposal of commodities in disuse under Article 37 of the Act and concession of commodities in disuse under Article 38 of the Act;

(l) Inspection of commodity management under Article 48 of the Act;

10. The following matters under the jurisdiction of the Korea Post under the Regulations on the Management of Vehicles for Public Duties (hereafter in this subparagraph referred to as the "Decree"):

(a) Allocation of a fixed number of vehicles under Article 5 (1) of the Decree;

(b) Allocation of a fixed number of vehicles for each agency affiliated with the Korea Post under Article 5 (3) of the Decree;

(c) Approval for replacement of vehicles under the latter part, with the exception of the subparagraphs, of Article 7 of the Decree;

11. The following matters under the International Postal Regulations (hereafter in this subparagraph referred to as the "Decree"):

(a) Public notification of supplementary services under subparagraph 4 of Article 8 of the Decree;

(b) Public notification of fees for use of international postal services among international postal charges, etc. under Article 9 of the Decree;

(c) Public notification of the indication of separate payment, separate payment by meter (referring to a separate payment of lump sum fee by meter), and deferred payment of international postal charges, etc., and handling postal offices, etc. pursuant to Article 11 (2) of the Act;

(d) Publicly notice on the kinds and quantity of postal items for which international postal charges, etc. may be reduced, requirements for handling such items, the scope of reduction, etc. under Article 12 (2) of the Decree;

(e) Public notification of matters regarding the specifications and packaging of outbound postal items, the maximum specifications of parcel-post items, and the samples and weight of postal parcels among the matters to be indicated externally under Article 15 (1) of the Decree;

(f) Public notification of the countries with which hazardous substances can be exchanged, out of the conditions of use of international postal items containing hazardous substances that are exceptionally permitted under Article 22 (2) of the Decree and the procedures for handling such international postal items;

(g) Recognition of postal items, etc. related to postal services which are exempt from the payment of agency fees for customs clearance procedures under Article 32 (2) 5 of the Decree;

12. The following matters under the Postal Money Order Act (hereafter in this subparagraph referred to as the "Act"):

(a) Designation and public notification of charges for postal money orders under Article 9 of the Act;

(b) Support for persons who fail to claim payment under Article 16-2 of the Act;

13. The following matters under the Postal Transfer Act (hereafter in this subparagraph referred to as the "Act"):

(a) Approval for the issuance of a household substitute check under Article 20 (1) 2 of the Act;

(b) Support for persons who fail to claim payment under Article 27-2 of the Act;

14. The following matters under the Act on Special Cases concerning the Management of Postal Services (hereafter in this subparagraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this subparagraph referred to as the "Decree"):

(a) Domestic entrusted education for less than 6 months for employees of the Korea Post and its affiliated agencies under Article 8-2 of the Act;

(b) Matters regarding the entrustment of postal services under Article 17 of the Act;

(c) Matters regarding presenting opinions on the management of government-funded enterprises under Article 19 of the Act;

(d) Matters regarding permission to use and profit from the property of postal services under Article 20 of the Act and Articles 18 and 19 of the Decree;

(e) Request for purchase of structures under Article 21 (3) of the Act;

(f) Necessary measures, such as exemption from duty of reinstatement and removal of structures, and the management of structures under Article 22 of the Act;

(g) Collection of fees or rent for the property of postal services under Article 22-2 of the Act;

(h) Matters regarding the apportionment of expenses under Article 23 of the Act;

(i) Recognition of incidental business under subparagraph 8 of Article 2 of the Decree;

15. Permission to incorporate a non-profit corporation (excluding non-profit corporations determined and publicly notified by the Minister of Science and ICT) related to postal services, which is established or to be established pursuant to Article 32 of the Civil Act, revocation thereof, permission to amend the articles of incorporation, acceptance of reports on dissolution, and other guidance and supervision;

16. Matters regarding the wearing of uniforms by public officials working for the Korea Post under Article 8-2 (3) of the State Public Officials Service Regulations;

17. The following matters regarding the State property under the jurisdiction of the Korea Post under the State Property Act (hereafter in this subparagraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this subparagraph referred to as the "Decree"):

(a) Management and disposal of State property under Article 8 (3) of the Act;

(b) Acquisition of real estate without an owner under Article 12 of the Act;

(d) Registration of acquired property, transfer of title, and other measures necessary for preservation of rights under Article 14 of the Act;

(e) Consultation on administrative conversion under Article 16 (1) of the Act and transfer of documents, etc. determined to be subject to administrative conversion under Article 11 of the Decree;

(f) Consultation on business affairs regarding the designation of the head of the competent central government agency by the general control agency regarding State property for which the head of the competent central government agency does not exist or is unclear under Article 24 of the Act, and inquiry as to whether jurisdiction exists;

(g) Permission and approval for use under Article 30 of the Act;

(h) Collection of usage fees, etc. under Article 32 of the Act;

(i) Adjustment of usage fees under Article 33 of the Act;

(j) Exemption from usage fees under Article 34 of the Act;

(k) Renewal of period of permission for use under Article 35 (2) of the Act;

(l) Revocation and withdrawal of permission for use, compensation for losses incurred by revocation, and revocation or notification of revocation of permission for use under Article 36 of the Act;

(m) Hearings under Article 37 of the Act;

(n) Sanctions against negligence in management under Article 39 of the Act;

(o) Disuse of administrative property and transfer of disused administrative property under Article 40 of the Act;

(p) Removal of buildings or other facilities for which the State has no plan for use under Article 41 (2) of the Act;

(q) Loans, restrictions on loans, collection of rent, exemption from rent, and cancellation or termination of loan agreements under Articles 46 and 47 of the Act;

(r) Exchange of general property under Article 54 of the Act;

(s) Concession of general property under Article 55 of the Act;

(t) Collection of indemnities, overdue charges, etc. under Articles 72 and 73 of the Act;

(u) Removal of illegal facilities under Article 74 of the Act;

(v) Purchase of non-life insurance under Article 82 of the Decree.

(2) The Minister of Science and ICT shall delegate his or her authority over the following matters to the Director General of the National Radio Research Institute and the Director General of the Central Radio Management Service, respectively, depending on their jurisdiction: <Amended on Mar. 3, 2015; Jul. 26, 2017>

1. Restrictions on qualifications for participation by inappropriate business entities in tendering procedures and notification thereof under Article 27 (1) of the Act on Contracts to Which the State Is a Party;

2. Permission to incorporate a non-profit corporation under the jurisdiction of the Minister of Science and ICT (excluding non-profit corporations determined and publicly notified by the Minister of Science and ICT, non-profit corporations related to postal services, and non-profit corporations related to science and technology), which is established or to be established pursuant to article 32 of the Civil Act, permission and revocation thereof, permission to amend the articles of incorporation, acceptance of a report on dissolution, and other guidance and supervision.

(3) The Minister of Science and ICT shall delegate his or her authority concerning permission to establish a non-profit corporation related to science and technology (excluding non-profit corporations determined and publicly notified by the Minister of Science and ICT), which are established or to be established pursuant to Article 32 of the Civil Act, revocation thereof, permission to amend the articles of incorporation, acceptance of reports on dissolution, and other guidance and supervision, as follows, depending on the location of the relevant non-profit corporation: <Added on Mar. 3, 2015; Jul. 26, 2017; Jun. 4, 2024>

1. The president of the Gwacheon National Science Museum: A non-profit corporation located in Seoul Special Metropolitan City, Gyeonggi-do, or Gangwon-do Special Self-Governing Province;

2. The president of the National Science Museum: A non-profit corporation located in an area other than those referred to in subparagraph 1.

(4) The Minister of Science and ICT shall delegate his or her authority over the following matters entrusted by the Minister of Trade, Industry and Energy pursuant to Article 32 (2) of the Enforcement Decree of the Industrial Standardization Act (hereafter in this paragraph referred to as the "Decree") to the Director General of the National Radio Research Agency: <Added on Mar. 22, 2016; Jul. 26, 2017>

1. Authority under Article 32 (2) 1 of the Decree;

2. Appointment, commissioning, or nomination of members, full-time members, and full-time expert members of the Council, technology councils, and expert committees under Article 32 (2) 2 of the Decree;

3. Requests for deliberation to technology councils and expert committees and acceptance of reports under Article 32 (2) 3 of the Decree;

4. Appointment of executive secretaries and designation and operation of executive secretariats of technology councils under Article 32 (2) 4 of the Decree;

5. Conclusion of agreements and management of contributions under Article 32 (2) 4-2 of the Decree;

6. Designation and public announcement of products and fields of service subject to certification under Article 32 (2) 5 of the Decree;

7. Reports under Article 32 (2) 6 of the Decree.

[This Article Added on Mar. 23, 2013]

[Title Amended on Jul. 26, 2017]

Article 22(Jurisdiction of Ministry of Education) #

(1) The Minister of Education shall delegate his or her authority over the following matters to the superintendent of education: <Amended on Feb. 18, 2010; Sep. 1, 2010; Mar. 23, 2013; Jan. 23, 2024>

1. Authority to grant permission to incorporate a non-profit corporation (excluding non-profit corporations determined and publicly notified by the Minister of Education) under the jurisdiction of the Minister of Education, which is established or to be established pursuant to Article 32 of the Civil Act, the authority to revoke such permission, and the authority to grant permission to amend the articles of association, to accept a report on dissolution, and to provide guidance and supervision;

2. Teacher qualification examination of the following persons, among the qualification standards for principals and assistant principals under Article 21 (1) and Appendix 1 of the Elementary and Secondary Education Act:

(a) A person who falls under subparagraph 1, 3, or 4 among the qualification standards for the principals of secondary schools;

(b) A person who falls under subparagraph 1 or 3 among the qualification standards for the principals of elementary schools;

(d) A person who meets the qualification standards for assistant principals of middle schools, elementary schools, vocational technical schools, and special schools;

3. Teacher qualification examination of the following persons, among the qualification standards for principals and assistant principals under Article 22 (1) of the Early Childhood Education Act and Appendix 1 of the Early Childhood Education Act:

(a) A person who falls under subparagraph 1 from among the qualification standards for the principals of kindergartens;

(b) A person who meets the qualification standards for the assistant directors of kindergartens;

4. Conferment and re-issuance of a teacher qualification certificate and the correction of the matters stated therein under Article 21 (1) of the Elementary and Secondary Education Act, Article 22 (1) of the Early Childhood Education Act, and Article 7 of the Decree on Qualification Examination for Teachers to persons who meet the standards for qualifications for principals and assistant principals under Article 21 (1) and Appendix 1 of the Elementary and Secondary Education Act and the standards for qualifications for principals and assistant principals under Article 22 (1) and Appendix 1 of the Early Childhood Education Act;

5. Teacher qualification certification and the conferment of teacher qualification certificate of the following persons among the qualification standards for teachers under Article 21 (2) and Appendix 2 of the Elementary and Secondary Education Act:

(a) Persons who meet the qualification standards for regular teachers (Grade I) of secondary schools, elementary schools, and special schools;

(b) A person who falls under subparagraph 3, 6, or 8 among the qualification standards for regular teachers of secondary schools (Grade II);

(c) A person who falls under any of subparagraphs 4 through 7 among the qualification standards for regular teachers of elementary schools (Grade II);

(d) Persons who fall under subparagraph 3 or 5 among the qualification standards for regular teachers (Grade II) of special schools and persons who meet the qualification standards for assistant teachers of special schools;

(e) A person who falls under subparagraph 2 or 3 among the qualification standards for assistant teachers of secondary schools;

(f) A person who falls under subparagraph 1 or 2 among the qualification standards for assistant teachers of elementary schools;

(g) A person who meets the qualification standards for an expert counseling teacher (Grade I);

(h) Persons who fall under subparagraph 1 or 2 among the qualification standards for librarian teachers (Grade I) and persons who fall under subparagraph 2 among the qualification standards for librarian teachers (Grade II);

(i) A person who falls under subparagraph 1 (limited to a person who has graduated from a major course of a vocational high school), 3, or 4 among the qualification standards for vocational teachers;

(j) A person who meets the qualification standards for a health teacher (Grade I);

(k) A person who meets the qualification standards for nutrition teachers (Grade I);

6. Teacher qualification examination and the conferment of teacher qualification certificates to any of the following persons among the qualification standards for teachers under Article 22 (2) and Appendix 2 of the Early Childhood Education Act:

(a) A person who meets the qualification standards for regular teachers of kindergartens (Grade I);

(b) A person who falls under subparagraph 4 among the qualification standards for regular teachers of kindergartens (Grade II);

7. Reissuance of a teacher qualification certificate under Article 7 of the Decree on Qualification Examination of Teachers and correction of entries therein for a person who meets the qualification standards for teachers under Article 21 (2) and Appendix 2 of the Elementary and Secondary Education Act and Article 22 (2) and Appendix 2 of the Early Childhood Education Act;

8. Establishment and operation of temporary teachers' training institutions under Article 46 of the Higher Education Act;

9. Deleted; <Dec. 13, 2011>

10. Revocation of qualification of teachers under Article 22-5 of the Early Childhood Education Act and Article 21-5 of the Elementary and Secondary Education Act;

11. The following matters regarding the management and disposal of State property under the State Property Act (hereafter in this subparagraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this subparagraph referred to as the "Decree"):

(a) Management and disposal of State Property under Article 40 (2) 1 of the Act (excluding State property falling into disuse for the purpose of concession);

(b) Acquisition of real estate without an owner under Article 12 of the Act;

(d) Registration of acquired property and other necessary measures under Article 14 of the Act;

(e) Consultation on administrative conversion of State Property under Article 16 of the Act;

(f) Permission to use administrative property under Article 30 of the Act;

(g) Disuse of administrative property under Article 40 of the Act;

(h) Lease of general property under Article 46 of the Act;

(i) Purchase of non-life insurance policies for State property under Article 82 of the Decree;

12. Deleted; <Dec. 13, 2011>

13. Registration of non-profit, non-governmental organizations under jurisdiction of the Minister of Education under Article 4 of the Assistance for Non-Profit, Non-Governmental Organizations Act, acceptance of registration of modification thereof, publication in the Official Gazette, and notification thereof;

14. Designation of schools and school management institutions subject to application under subparagraph 3 of Article 3 of the Pension for Private School Teachers and Staff Act;

15. Deleted; <Jan. 24, 2011>

16. Acceptance, transportation, and management of examination papers for college scholastic ability tests under Article 35 (1) of the Enforcement Decree of the Higher Education Act (hereafter referred to as "examination" in this subparagraph and subparagraphs 17 through 19);

17. Management of examinations, such as receipt of applications for examination, administration and supervision of examinations, and collection of answer sheets;

18. General business affairs regarding the management of examinations, except for business affairs entrusted to the Korea Institute of Curriculum and Evaluation pursuant to Article 45 (3);

19. Payment of allowances and travel expenses to examiners under Article 38 (2) of the Enforcement Decree of the Higher Education Act;

20. Deleted. <Jan. 24, 2011>

(2) The Minister of Education shall delegate his or her authority over the following matters to the heads of the relevant schools (excluding affiliated schools; hereafter the same shall apply in this paragraph): <Amended on Mar. 23, 2013>

1. Re-determination of pay raise and salary classes under Articles 7 and 9 of the Public Officials Remuneration Regulations for State public officials of Grade V or higher in general service and State public officials in extraordinary civil service equivalent thereto, who belong to national or public universities, teachers' colleges, comprehensive teachers' training colleges, cyber colleges (referring to open colleges, correspondence colleges, open universities, and cyber colleges; hereafter the same shall apply in this paragraph), industrial colleges, junior colleges, national high schools, special schools, and various kinds of schools equivalent thereto;

2. Conferment and re-issuance of a teacher qualification certificate and the correction of matters stated therein under Article 21 (2) of the Elementary and Secondary Education Act and Article 7 of the Decree on the Qualification Examination of Teachers, among qualification standards for teachers under Article 21 (2) and Appendix 2 of the Elementary and Secondary Education Act:

(a) A person who falls under subparagraph 1, 2, 4, 5, or 7 among the qualification standards for regular teachers of secondary schools (Grade II);

(b) A person who falls under subparagraph 1 among the qualification standards for assistant teachers of secondary schools;

(c) A person who falls under subparagraph 1, 3, or 4, among the qualification standards for librarian teachers (Grade II);

(d) A person who meets the qualification standards for health teachers (Grade II);

(e) A person who falls under any of subparagraphs 1 through 3 among the qualification standards for regular teachers of elementary schools (Grade II);

(f) A person who falls under subparagraph 3 among the qualification standards for assistant teachers of elementary schools;

(g) A person who falls under subparagraph 1 (excluding a person who has graduated from a major course of a vocational high school) or 2 among the qualification standards for vocational teachers;

(h) A person who falls under subparagraph 1, 2, 4, or 6 among the qualification standards for regular teachers of special schools (Grade II);

(i) A person who meets the qualification standards for expert counseling teachers (Grade II);

(j) A person who meets the qualification standards for nutrition teachers (Grade II);

3. Conferment and re-issuance of a teacher qualification certificate and the correction of matters stated therein under Article 22 (2) of the Early Childhood Education Act and Article 7 of the Decree on the Qualification Examination of Teachers, out of the qualification standards for regular teachers (Grade II) of kindergartens among qualification standards for teachers under Article 22 (2) and Appendix 2 of the Early Childhood Education Act;

4. Permission for public officials of the relevant school to hold concurrent office under Article 26 of the State Public Officials Service Regulations;

5. Selection of schools for field research and on-the-job training for teacher training courses under Article 45 (2) of the Higher Education Act; provided, this shall be limited to national or public universities, teachers' colleges, comprehensive teachers' training colleges, and junior colleges;

6. Approval for the fixed-number management of commodities under Article 16 (2) of the Commodity Management Act;

7. Restrictions on qualifications for participation by inappropriate business entities in tendering procedures and notification thereof under Article 27 (1) of the Act on Contracts to Which the State Is a Party.

(3) The Minister of Education shall delegate his or her authority over the following matters to the President of the National Institute of Korean History, the President of the National Academy of Sciences of the Republic of Korea, and the President of the National Institute for International Education, respectively: <Amended on Mar. 23, 2013>

1. Re-determination of pay raise and salary classes under Articles 7 and 9 of the Public Officials Remuneration Regulations for public officials of Grade V or higher in general service and public officials in equivalent extraordinary civil service, who belonging to the National Institute of Korean History, the National Academy of Sciences of the Republic of Korea, and the National Institute for International Education;

2. Approval for the fixed-number management of commodities under Article 16 (2) of the Commodity Management Act;

3. Restrictions on qualifications for participation by inappropriate business entities in tendering procedures and notification thereof under Article 27 (1) of the Act on Contracts to Which the State Is a Party.

(4) The Minister of Education shall delegate his or her authority over the re-determination of pay raise and salary class under Articles 7 and 9 of the Public Officials Remuneration Regulations for public officials of Grade V or higher in general service and public officials in extraordinary civil service equivalent thereto under his or her jurisdiction, to the Chairperson of the Appeals Commission for Educators and the Director General of the National Institute of Special Education, respectively. <Amended on Mar. 23, 2013>

(5) The Minister of Education shall delegate his or her authority over the conferment and re-issuance of a teacher qualification certificate and the correction of matters stated therein under Article 21 (2) of the Elementary and Secondary Education Act and Article 7 of the Decree on the Qualification Examination of Teachers to the Brigadier General of the Korea Armed Forces Nursing Academy with respect to the following persons: <Amended on Mar. 23, 2013>

1. A person who falls under subparagraph 5 among the qualification standards for regular school teachers of secondary schools (Grade II) under Article 21 (2) and Appendix 2 of the Elementary and Secondary Education Act;

2. A person who falls under subparagraph 1 among the qualification standards for health teachers (Grade II) under Article 21 (2) and Appendix 2 of the Elementary and Secondary Education Act.

(6) The Minister of Education shall delegate his or her authority over the compilation and revision of government-designated books of special schools under Article 29 (2) of the Elementary and Secondary Education Act and Articles 5 and 26 of the Regulations on Curriculum Books to the Director General of the National Institute of Special Education. <Amended on Mar. 23, 2013>

(7) The Minister of Education shall delegate the authority to administer the Korean Proficiency Test under Article 34-7 (2) of the Higher Education Act to the Director General of the National Institute for International Education. <Added on Jan. 25, 2022>

[Title Amended on Mar. 23, 2013]

Article 23(Jurisdiction of Ministry of Justice) #

(1) The Minister of Justice shall delegate his or her authority to accept reports on the results of deliberation under Articles 4 and 5 (2) of the Enforcement Decree of the Special Act on Civil Affairs concerning the Implementation of the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea, to assess compensation, and to notify the assessment of compensation (excluding the matters prescribed in Article 20 of the Enforcement Decree of the State Compensation Act) to the chief prosecutor of the relevant high prosecutors' office or the chief prosecutor of the relevant district prosecutors' office, respectively.

(2) The Minister of Justice shall delegate his or her authority to determine the pay grades of public officials under his or her control (excluding prosecutors) under Articles 7 and 9 of the Regulations on the Remuneration of Public Officials and to re-determine their pay grades and salaries to the Prosecutor General, Prosecutor General of High Prosecutors' Offices, Prosecutor General of District Prosecutors' Offices, Director General of the Judicial Research and Training Institute, Director General of Juvenile Reformatory, Juvenile Review Board, Chairperson of National Judicial Screening Hospital, Chief of National Judicial Screening Center, Chairperson of Probation Review Committee, Chief of Probation Office, Commissioner of Regional Correctional Office, Chief of Prison, Detention Center, Immigration Control Office, and Foreigner Protection Office, respectively. <Amended on Feb. 7, 2023>

(3) The Minister of Justice shall delegate his or her authority over permission to change the order of execution of punishment under the proviso of Article 462 of the Criminal Procedure Act to the chief prosecutor of the Public Prosecutors' Office to which the prosecutor who has applied for permission to change the order of execution of punishment belongs. <Added on Jan. 24, 2011>

(4) The Minister of Justice shall delegate his or her authority to impose and collect administrative fines under the following subparagraphs to the chief prosecutor of the competent district prosecutors' office or the head of the branch office of the competent district prosecutors' office; provided, excluded herefrom shall be the authority to give prior notice and to receive and process opinions under Article 16 of the Act on the Regulation of Violations of Public Order; to impose administrative fines under Article 17 of that Act; to correct administrative fines under Article 19 (2) of that Act; to receive and process an objection under Article 20 of that Act; to notify the fact of an objection filed under Article 21 of that Act; to conduct an investigation under Article 22 of that Act; and to request the provision of data under Article 23 of that Act (limited to a request to provide data for the imposition of administrative fines): <Added on Dec. 13, 2011>

1. Imposing and collecting administrative fines under Article 38 (1) of the Legal Aid Act;

2. Imposing and collecting administrative fines under Article 50 (2) of the Crime Victim Protection Act;

3. Imposing and collecting administrative fines under Article 23 (3) of the Issuance and Distribution of Electronic Bills Act;

4. Imposing and collecting administrative fines under Article 34 (2) of the Government Legal Service Act;

5. Imposing and collecting administrative fines under Article 7 (2) of the Act on the Support of the Korean Legal Center.

(5) The Minister of Justice shall delegate his or her authority over the collection of administrative fines under Article 637-2 (4) of the Commercial Act to the head of the competent district prosecutors' office or branch office of the competent district prosecutors' office. <Added on Dec. 13, 2011>

(6) The Minister of Justice shall delegate his or her authority to impose and collect administrative fines under Article 101 (2) of the Act on Probation to the director of a probation office. <Added on Dec. 13, 2011>

Article 24(Jurisdiction of Ministry of National Defense) #

(1) The Minister of National Defense shall, pursuant to the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea, delegate the authority of the head of the competent central government agency under the State Property Act with respect to the property provided to the United States Armed Forces in the Republic of Korea to the Deputy Minister of the Resources Management Office. <Amended on Apr. 1, 2011; Jul. 25, 2023>

(2) The Minister of National Defense shall delegate his or her authority over the following matters to the Chiefs of Staff of each armed service according to the jurisdiction of each armed service, respectively: <Amended on Apr. 17, 2012; Dec. 21, 2012; Jun. 28, 2016; Nov. 29, 2016>

1. Decision on whether to expunge cadet officers from the military register under Article 6 of the Decree on the Implementation of Student Military Education;

2. Permission for joining a social organization and concurrently holding office for soldiers under the authority of the Chiefs of Staff of each armed service under Articles 30 (1) and 31 (2) of the Framework Act on the Status and Service of Military Personnel and Articles 19 and 20 of the Enforcement Decree of that Act;

3. Confirmation and notification of the fact that a person is a veteran in the Vietnam War or a veteran who served in an area adjoining the Southern Limit Line under Articles 4 (2), (3), (5), and 8 (2) of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations and Article 3 (1) through (3) of the Enforcement Decree of that Act.

(3) The Minister of National Defense shall delegate his or her authority to verify and notify military personnel of facts related to the requirements for persons, etc. of distinguished service to the State under the latter part of Article 6 (3) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and Article 9 (1) and (2) of the Enforcement Decree of that Act, the latter part of Article 4 (3) of the Act on Support for Persons Eligible for Veteran's Compensation and Article 6 (1) and (2) of the Enforcement Decree of that Act, to the Chiefs of Staff of each armed service, the Commander of the Marine Corps, and the Commander of the Armed Forces Intelligence Command, respectively. <Amended on Jun. 27, 2012; Jan. 16, 2013>

(4) The Minister of National Defense shall delegate his or her authority over approval for excavation of goods buried in military installations under Articles 3 (2) and 4 (1) of the Regulations on the Excavation of Goods Buried in State Property to the Chiefs of Staff of each armed service and the commanding officers of military units under the direct control of the Minister of National Defense, respectively.

(5) The Minister of National Defense shall delegate the authority over the following matters concerning strategic materials to the Administrator of the Defense Acquisition Program Administration: <Amended on Dec. 13, 2011; Oct. 8, 2024>

1. Permission for export under Article 19-2 of the Foreign Trade Act (hereafter in this paragraph referred to as the "Act");

2. Situational permission under Article 19-3 of the Act;

3. Permission for transit or transshipment under Article 19-4 of the Act;

4. Brokerage permission under Article 19-5 of the Act.

(6) Deleted. <Jul. 23, 2024>

(7) The Minister of National Defense shall delegate his or her authority over the following matters to the Armed Forces Medical Commander: <Amended on Aug. 31, 2012>

1. Deleted; <Jun. 9, 2020>

2. Depositing expenses for medical care benefits for active duty soldiers, etc. under Article 60 (1) of the National Health Insurance Act and Article 27 (2) of the Enforcement Decree of that Act;

(8) The Minister of National Defense may, after consultation with the Minister of Land, Infrastructure and Transport, delegate to the commander of each unit (limited to general-level officers) the authority regarding the following matters in the airspace under the jurisdiction of the Minister of National Defense among the authority delegated by the Minister of Land, Infrastructure and Transport pursuant to Article 135 (1) of the Aviation Safety Act (hereafter in this paragraph referred to as the "Act"): <Added on Mar. 22, 2016; Mar. 29, 2017; Sep. 5, 2017; Sep. 19, 2024>

1. Approval of flight plans for ultra-light aircraft under Article 127 (2) of the Act;

2. Permission for flight in controlled airspace under Article 79 (2) of the Act;

3. Permission for acts under subparagraphs 1 through 3 and subparagraph 5 of Article 68 of the Act pursuant to the proviso, with the exception of the subparagraphs, of that Article;

4. Instructions on air traffic services under Article 84 (1) of the Act and instructions for the safety of air traffic under paragraph (2) of that Article;

5. Provision of aviation information under Article 89 (1) of the Act.

(9) If the Minister of National Defense delegates his or her authority pursuant to paragraph (8), he or she shall publicly notify the delegated agency and the details of delegated affairs. <Added on Mar. 22, 2016>

Article 27(Jurisdiction of Ministry of the Interior and Safety) #

(1) The Minister of the Interior and Safety shall delegate his or her authority over the following matters to 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, respectively: <Amended on Jan. 24, 2011; Jan. 16, 2013; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 31, 2017>

1. The following matters concerning the standards for treatment of civil petitions under the Civil Petitions Treatment Act (hereafter in this subparagraph referred to as the "Act") [limited to civil petitions under the municipal ordinances and rules of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu)]:

(a) Preparation of standards for the treatment civil petitions under Article 36 (1) of the Act, public notification of such standards in the Official Gazette, and posting them in the integrated electronic civil petition window;

(b) Receipt of notification of matters necessary to change the standards for the treatment civil petitions, public notification of such matters in the Official Gazette, publication of them in the integrated electronic civil petition window, and reflection of them in the standards for the treatment civil petitions under Article 36 (2) of the Act;

(c) Request for the amendment of municipal ordinances and rules concerning the treatment period of civil petitions, required documents, treatment procedures, methods of filing applications, etc. under Article 36 (3) of the Act;

(d) Modification of provisional standards for the treatment of civil petitions until consultation with the heads of relevant administrative agencies to modify the standards for the treatment of civil petitions under Article 37 (1) of the Act and the amendment of municipal ordinances and rules;

2. Permission to incorporate a non-profit corporation under the jurisdiction of the Minister of the Interior and Safety (limited to cases where the scope of activities of a corporation is limited to the jurisdiction of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor), which is established or to be established pursuant to Article 32 of the Civil Act, and the authority to revoke permission to incorporate a non-profit corporation, to amend its articles of incorporation, to accept reports on dissolution, and to provide guidance and supervision.

(2) The Minister of the Interior and Safety shall delegate his or her authority regarding restrictions on qualifications for participation by inappropriate business entities in tendering procedures and notification thereof under Article 27 (1) of the Act on Contracts to Which the State Is a Party, to the head of an affiliated agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) Deleted. <Nov. 19, 2014>

[Title Amended on Jul. 26, 2017]

Article 30(Jurisdiction of Ministry of Culture, Sports and Tourism) #

(1) The Minister of Culture, Sports and Tourism shall delegate the authority to grant or cancel establishment permits, grant approval for amendments to the articles of incorporation, accept reports of dissolution, and exercise other guidance and supervision over non-profit corporations established or to be established under the jurisdiction of the Minister of Culture, Sports and Tourism pursuant to Article 32 of the Civil Act to 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 (referring to 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 having jurisdiction over at least two Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Province Governor); provided, non-profit corporations falling under any of the following subparagraphs shall be excluded: <Amended on Jan. 16, 2013>

1. A non-profit corporation determined and publicly notified by the Minister of Culture, Sports and Tourism;

2. A non-profit corporation, other than corporations engaged in the field of sports, media, or religion, whose scope of activities extends over at least 3 Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces.

(2) Deleted. <Aug. 13, 2012>

(3) The Minister of Culture, Sports and Tourism shall delegate his or her authority over the following matters under the Museum and Art Gallery Support Act (hereafter in this paragraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this paragraph referred to as the "Decree") to the President of the National Museum of Korea: <Amended on Aug. 12, 2014>

1. Receipt of applications for qualification of curators of museums and art galleries, examination of qualification requirements, and issuance of certificates of qualification under the former part of Article 6 (3) of the Act and Article 3 (2) of the Decree;

2. The organization and operation of steering committees for curators of museums and art galleries under Article 5 of the Decree.

(4) The Minister of Culture, Sports and Tourism shall entrust his or her authority over the registration, registration of modification, publication in the Official Gazette, and notification of non-profit, non-governmental organizations whose purpose of establishment is related to resolving social adverse effects of gambling, such as prevention and healing of gambling problems, under the jurisdiction of the Minister of Culture, Sports and Tourism, which are registered or to be registered pursuant to Article 4 of the Assistance for Non-Profit, Non-Governmental Organizations Act, among the non-profit, non-governmental organizations under his or her jurisdiction, to the National Gambling Control Commission. <Added on Mar. 3, 2015>

Article 32(Jurisdiction of Ministry of Agriculture, Food and Rural Affairs) #

(1) The Minister of Agriculture, Food and Rural Affairs shall delegate his or her authority over the following matters to 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, respectively: <Amended on Apr. 20, 2010; Jan. 24, 2011; Apr. 10, 2012; Jan. 16, 2013; Mar. 23, 2013; Mar. 3, 2015; Oct. 31, 2017>

1. Authority under Articles 32, 33, and 36 of the Farmland Expansion and Development Promotion Act (Act No. 2767) and the proviso of paragraph (3) of the Addenda of that Act, which comply with the previous provisions pursuant to Article 5 (1) of the Addenda of the Agricultural and Fishing Villages Improvement Act (Act No. 4823);

2. Consultation on gratuitous transfer and gratuitous reversion to project operators of public facilities under statutes other than the State Property Act with regard to State property for agricultural infrastructure;

3. The following matters regarding State property (limited to State property for agricultural infrastructure defined in subparagraph 6 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act) under the State Property Act (hereafter in this subparagraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this subparagraph referred to as the "Decree"):

(a) Management and disposal of State property under Article 8 (3) of the Act;

(b) Acquisition of real estate without an owner under Article 12 of the Act;

(d) Registration of acquired property, transfer of title, and other measures necessary for preservation of rights under Article 14 of the Act;

(e) Consultation on administrative conversion under Article 16 of the Act and transfer of documents, etc. determined to be subject to administrative conversion under Article 11 of the Decree;

(f) Entrustment of the administration of State property under Article 29 of the Act;

(g) Permission and approval for use under Article 30 of the Act;

(h) Collection of usage fees, deposit of bonds, and performance guarantee measures under Article 32 of the Act;

(i) Exemption from usage fees under Article 34 of the Act;

(j) Renewal of permission for use under Article 35 (2) of the Act;

(k) Revocation and withdrawal of permission for use, compensation for losses incurred by withdrawal, and notification of revocation or withdrawal under Article 36 of the Act;

(l) Hearings under Article 37 of the Act;

(m) Sanctions against negligence in management under Article 39 of the Act;

(n) Disuse and transfer of disused property under Article 40 of the Act;

(o) Loans, restrictions on loans, collection of rent, exemption from rent, and cancellation or termination of loan agreements under Articles 46 and 47 of the Act;

(p) Collection of indemnities, overdue charges, etc. under Articles 72 and 73 of the Act, consultation on determination and modification of urban management planning for State Property, and restrictions on use and preservation of State Property requested pursuant to Article 73-2 of the Act;

(q) Removal of illegal facilities under Article 74 of the Act;

(r) Return of overpaid or erroneously-paid amount under Article 75 of the Act;

4. Deleted; <Dec. 31, 2024>

5. Deleted; <Dec. 31, 2024>

6. The following matters under the Fisheries Act (hereafter in this subparagraph referred to as the "Act"):

(a) The authority to consult on the formulation or modification of a fishing ground use and development plan, which shall comply with the previous provisions pursuant to Article 4 (4) and (6) of the Act and paragraph (3) of the Addenda to the Enforcement Decree of the Public Waters Reclamation Act (Presidential Decree No. 19080), among the authority to consult on the formulation or modification of a fishing ground use and development plan under Article 40 (4) of the Enforcement Decree of the Public Waters Reclamation Act (referring to the Enforcement Decree of the Public Waters Reclamation Act before it was amended by Presidential Decree No. 19080), where the head of a Si/Gun/Gu is the project operator;

(b) The authority to consult on the formulation or modification of a fishing ground use and development plan under Article 40 (4) of the Enforcement Decree of the Public Waters Reclamation Act (referring to the Enforcement Decree of the Public Waters Reclamation Act before it was amended by Presidential Decree No. 19080), which shall comply with the previous provisions pursuant to Article 15 (1) of the Act and paragraph (3) of the Addenda to the Enforcement Decree of the Public Waters Reclamation Act (Presidential Decree No. 19080), among the authority to consult on limited fishery business licenses under Article 40 (4) of the Enforcement Decree of the Public Waters Reclamation Act (referring to the Enforcement Decree of the Public Waters Reclamation Act before it was amended by Presidential Decree No. 19080), where the head of a Si/Gun/Gu is the project operator;

7. Permission to incorporate a non-profit corporation under the jurisdiction of the Minister of Agriculture, Food and Rural Affairs (limited to cases where the scope of activities of a corporation is limited to the jurisdiction of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor), which is established or to be established pursuant to Article 32 of the Civil Act, and the authority to revoke such permission, to amend its articles of incorporation, to accept reports on dissolution, and to provide guidance and supervision;

8. The following matters concerning important property acquired with subsidies granted to 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 pursuant to the Subsidy Management Act (hereafter in this subparagraph referred to as the "Act") or important property whose utility has increased:

(a) Approval for the use, transfer, exchange, lease, or provision of security of any important property for any purpose other than the originally intended purpose under the main clause of Article 35 (3) of the Act, and issuance of an order to return the amount under the subparagraphs of paragraph (4) of that Article;

(b) Business affairs regarding verifying the return of all indirect subsidies under Article 35-2 (4) 1 of the Act;

9. Deleted; <Mar. 23, 2013>

10. Deleted. <Jan. 28, 2014>

(2) The Minister of Agriculture, Food and Rural Affairs shall delegate his or her authority concerning the following matters to the Administrator of the Rural Development Administration: <Added on Mar. 3, 2015>

1. Determination of standard required quantity of raw materials for agricultural pesticide for export among authority under Article 91 (1) 2 of the Enforcement Decree of the Foreign Trade Act;

2. Deleted. <Nov. 30, 2015>

(3) Deleted. <Nov. 30, 2015>

(4) Pursuant to Article 85 of the Pharmaceutical Affairs Act and Article 46 of the Medical Devices Act, the Minister of Agriculture, Food and Rural Affairs shall delegate his or her authority concerning the following matters, which shall be used only for animals, to the Commissioner of the Animal and Plant Quarantine Agency; provided, the authority concerning use only for aquatic animals under the jurisdiction of the Minister of Oceans and Fisheries pursuant to Article 85 of the Pharmaceutical Affairs Act shall be excluded herefrom: <Amended on Jun. 7, 2011; Mar. 23, 2013; Oct. 31, 2017>

1. The following matters under the Pharmaceutical Affairs Act (hereafter in this subparagraph referred to as the "Act"):

(a) Permission for manufacturing business of drugs, reporting on contract manufacturing and distribution business of drugs, reporting on manufacturing business of quasi-drugs, acceptance of permission by item or reporting on manufacturing business of quasi-drugs, modification of permitted matters or reported matters, and receipt of data on safety and effectiveness under Article 31 (1) through (4), (9), and (10) of the Act; provided, the acceptance of reports by item and reports on modification for items which the Minister of Agriculture, Food and Rural Affairs recognizes as having no problems with safety or effectiveness shall be excluded;

(b) Reexamination of new drugs, etc. under Article 32 (1) of the Act;

(d) Approval of a clinical trial protocol for drugs, etc., restrictions on clinical trials, prohibition of use of drugs, etc. for clinical trials, and measures such as recall and destruction under Article 34 (1), (5), and (6) of the Act;

(e) Acceptance of reports on the designation of institutions conducting clinical trials and institutions conducting bioequivalence tests, designation of modifications thereof, revocation of designation thereof, and suspension of business affairs under Articles 34-2 (1) and (2) and 76-2 (1) of the Act;

(f) Acceptance of reports on the designation of institutions conducting non-clinical studies, designation of modification thereof, revocation of designation thereof, and suspension of business of institutions conducting non-clinical studies under Articles 34-3 (1) and (2) and 76-2 (1) of the Act;

(g) Conditional permission and revocation thereof under Article 35 of the Act;

(h) Approval for a physician, specialized technician, or technician to be assigned pursuant to the proviso of Article 36 (1), paragraph (2) of that Article, and Article 42 (4) of the Act;

(i) Training orders for manufacturing managers and the designation and public notification of institution offering education for manufacturing managers under Article 37-2 (2) and (4) of the Act;

(j) Education orders for persons in charge of safety management of drugs and designation of educational institutions for persons in charge of safety management of drugs under Article 37-4 (2) and (4) of the Act;

(k) Acceptance of reports on the production performance, etc. of manufacturers and importers of drugs, etc. under Articles 38 (2) and 42 (4) of the Act;

(l) Acceptance of reports on a plan for recall of drugs, etc. in distribution which have problems with safety and effectiveness under Article 39 (1) of the Act;

(m) Acceptance of reports on temporary or permanent closure of business, etc., which are filed by a manufacturer of drugs, etc. or a person who has obtained permission by item of drugs, etc. under Article 40 of the Act;

(n) Acceptance of a report on import business of drugs, etc.; permission for, or acceptance of a report on, imported items; or modification of permitted matters or reported matters under Article 42 (1) of the Act; provided, the acceptance of a declaration by item and a declaration for modification thereof for items which the Minister of Agriculture, Food and Rural Affairs recognizes as having no problems with safety and effectiveness shall be excluded;

(o) Permission to export or import drugs or to bring them into Korea through international waters, among products processed from animals and plants under the Convention on International Trade in Endangered Species of Wild Fauna and Flora under Article 43 (1) of the Act;

(p) Formulation of necessary standards, such as the nature, condition, quality, and storage methods of drugs, etc. under Article 52 of the Act;

(q) Approval for shipment of drugs under Article 53 (1) of the Act;

(r) Consultation on matters necessary for the manufacture, import, etc. of radioactive drugs under Article 54 of the Act;

(s) Designation of tar pigments under subparagraph 7 of Article 62 of the Act;

(t) Deliberation on advertisement of drugs under Article 68-2 (1) of the Act;

(u) Instructions under the subparagraphs of Article 69 (1) of the Act;

(v) Orders for production and orders for commencement of business under Article 70 (1) of the Act;

(w) Issuing an order to recall or destroy, or issuing an order to take other necessary measures and making dispositions under Article 71 (1) through (3) of the Act;

(x) Orders to publish a plan for recall of drugs, etc. and measures such as recall and destruction under Article 72 (1) and (2) of the Act;

(y) Ordering manufacturers and importers of drugs, etc. to receive inspections under Article 73 of the Act;

(z) Ordering manufacturers of drugs, etc., persons who have obtained permission by item of drugs, or importers to repair facilities and to suspend use of facilities, etc. under Article 74 of the Act;

(aa) Ordering manufacturers of drugs, etc. under Article 75 of the Act and importers for whom that Article is applied mutatis mutandis pursuant to Article 42 (4) of that Act to change their managers;

(ab) Revocation of permission, approval, or registration, prohibition of the manufacture or importation of drugs, or order to suspend business in whole or in part, to a manufacturer of drugs, etc., a person who has obtained permission by item, or an importer under Article 76 of the Act;

(ac) Hearings on the revocation of the designation of a manufacturer of drugs, etc., a person who has obtained permission by item, an importer, an institution conducting clinical trials, an institution conducting bioequivalence tests, or an institution conducting non-clinical studies under Article 77 of the Act;

(ad) Appointment of pharmaceutical inspectors in connection with drugs, etc. under Article 78 (2) of the Act;

(ae) Imposition and collection of penalty surcharges on manufacturers of drugs, etc., persons who have obtained permission by item, or importers of drugs, etc. under Article 81 of the Act;

(af) Establishment of standards for use of drugs under Article 85 (2) of the Act;

(ag) Imposing or collecting administrative fines on or from manufacturers of drugs, etc., persons who have obtained permission by item, or importers of drugs, etc. under Article 98 of the Act;

2. The following matters under the Medical Devices Act (hereafter in this subparagraph referred to as the "Act"):

(a) Classification and designation of medical devices under Article 3 (1) of the Act;

(b) Acceptance of a manufacturing business permission for medical devices, manufacturing permission by item, or manufacturing report by item under Article 6 of the Act, and permission for alteration or report on alteration under Article 12 of that Act; provided, the acceptance of the report on manufacturing by item or the report on modification for items which the Minister of Agriculture, Food and Rural Affairs recognizes as having no problems with safety and effectiveness shall be excluded;

(c) Acceptance of conditional permission or reports on manufacturing business of medical devices or manufacturing business of medical devices or items under Article 7 of the Act;

(d) Orders for re-examination of newly developed medical devices, etc. and acceptance of applications for re-examination under Article 8 of the Act;

(e) Re-evaluation of medical devices under Article 9 of the Act;

(f) Approval of a clinical trial protocol and approval for modification thereof under Article 10 (1) of the Act, modification and revocation of clinical trials under paragraph (4) of that Article, and other necessary measures;

(g) Designation, revocation of designation, and suspension of business of clinical trial institutions under Articles 10 (3) and 37 (1) of the Act;

(h) Designation of institutions conducting non-clinical trials, modification of designation, revocation of designation, and suspension of business of institutions conducting non-clinical trials under Articles 10-2 (1) and 37 (1) of the Act;

(i) Acceptance of reports on the production performance, etc. of the manufacturers of medical devices under Article 13 (2) of the Act;

(j) Acceptance of reports on temporary or permanent closure of business, etc. by manufacturers or importers of medical devices under Articles 14 and 15 (6) of the Act;

(k) Permission for the import business of medical devices under Article 15 of the Act, acceptance of import permission by item or import declaration by item, and permission to change or report on change; provided, the acceptance of import declarations by item and the report on alteration of the import declaration by item for items which the Minister of Agriculture, Food and Rural Affairs recognizes as having no problems with safety and effectiveness shall be excluded;

(l) Acceptance of reports on medical device repair business under Article 16 of the Act;

(m) Formulation of standard specifications for the scope of application, etc. of medical devices under Article 19 of the Act;

(n) Designation of matters stated in package inserts under subparagraph 3 of Article 22 of the Act;

(o) Deliberation on advertisements under Article 25 of the Act;

(p) Receipt of reports on side effects of medical devices under Article 31 (1) of the Act;

(q) Orders to report medical devices and visits, inspections, inquiries, and collection of medical devices under Article 32 (1) of the Act;

(r) Orders to inspect medical devices under Article 33 of the Act;

(s) Issuing orders to destruct hazardous medical devices under Article 34 of the Act;

(t) Issuing orders to suspend use of medical devices under Article 35 of the Act;

(u) Revocation of permission for manufacturers, importers, and repairers of medical devices, closure of places of business, prohibition of manufacturing, importing, and distributing items, and suspension of business of manufacturers, importers, and repairers of medical devices under Article 36 (1) of the Act;

(v) Imposing or collecting penalty surcharges on or from medical device handlers under Article 38 of the Act;

(w) Hearings on the revocation of designation of medical device handlers, institutions conducting clinical trials, or institutions conducting non-clinical trials under Article 39 of the Act;

(x) Appointment of medical device surveillance officers under Article 40 (2) of the Act;

(y) Imposing or collecting administrative fines on or from manufacturers, importers, and repairers of medical devices under Article 56 of the Act.

(5) The Minister of Agriculture, Food and Rural Affairs shall, among the duties concerning the operation and management of the Fund under Article 56 (3) of the Act on the Distribution and Price Stabilization of Agricultural and Fishery Products, delegate his or her authority over the revenue and expenditure of the Fund and the acquisition, operation, disposal, etc. of the Fund's property related to the seed business, etc. to the Director General of the Korea Seed and Variety Service. <Amended on Mar. 3, 2015>

(6) Deleted. <Mar. 3, 2015>

(7) Deleted. <Mar. 3, 2015>

(8) The Minister of Agriculture, Food and Rural Affairs shall delegate the authority on the following matters to the Commissioner of the Animal and Plant Quarantine Agency, the Director General of the National Agricultural Products Quality Management Service, the Director of the Food and Agriculture Officials Training Institute, the President of the Korea National University of Agriculture and Fisheries, and the Director of the Korea Seed and Variety Service, respectively, depending on their jurisdiction: <Amended on Jun. 7, 2011; Mar. 23, 2013; May 31, 2022>

1. Consultation on gratuitous transfer and gratuitous reversion to project operators of public facilities under statutes other than the State Property Act;

2. Restrictions on qualifications for participation by inappropriate business entities in tendering procedures and notification thereof under Article 27 (1) of the Act on Contracts to Which the State Is a Party.

(9) Deleted. <Mar. 23, 2013>

(10) Deleted. <Mar. 23, 2013>

(11) The Minister of Agriculture, Food and Rural Affairs shall delegate his or her authority over the following matters under the Agricultural and Fishery Products Quality Control Act (hereafter in this paragraph referred to as the "Act") entrusted by the Minister of Food and Drug Safety pursuant to Article 18 (4) to the Director General of the National Agricultural Products Quality Management Service: <Added on Mar. 23, 2013>

1. Safety inspection of agricultural products under Article 61 of the Act;

2. Collection, investigation, and inspection of samples of agricultural products under Article 62 of the Act;

3. Taking measures based on results of safety inspections of agricultural products and notifying the results thereof pursuant to Article 63 of the Act;

4. Designation of safety inspection agencies for agricultural products under Article 64 of the Act;

5. Dispositions, such as revocation of designation of safety inspection agencies for agricultural products under Article 65 of the Act;

7. Research, development, and dissemination of technology for safety analysis methods, etc. of agricultural products under Article 67 of the Act;

8. Reduction of, exemption from, and collection of fees for applying for the designation of safety inspection agencies for agricultural products under subparagraph 10 of Article 113 of the Act;

9. Hearings under Article 114 (1) 9 of the Act.

(12) The Minister of Agriculture, Food and Rural Affairs shall delegate the following matters (limited to matters concerning slaughterhouses, milk collection stations, or farms) entrusted by the Minister of Food and Drug Safety pursuant to the proviso of Article 44 (2) of the Livestock Products Sanitary Control Act (hereafter in this paragraph referred to as the "Act") and Article 31 (5) of the Enforcement Decree of that Act to the Commissioner of the Animal and Plant Quarantine Agency: <Added on Mar. 23, 2013; Jan. 28, 2014; Jan. 17, 2017; Nov. 24, 2020>

1. Provision of technology and information necessary for compliance with HACCP and provision of education and training under Article 9 (10) of the Act;

1-2. Examining, evaluating, and providing support for individual HACCP and the appropriateness of their operation under Article 9-3 (2) and (4) of the Act;

2. Access to and inspection of workplaces or farms for verifying the appropriateness of HACCP under Article 9-3 (6) of the Act;

3. Revocation of HACCP-accredited place of work, etc. and issuance of corrective orders under Article 9-4 of the Act;

4. Supervision over the business of the Korea Agency of HACCP Accreditation and Service under the Act on the Establishment and Operation of the Korea Agency of HACCP Accreditation and Service (limited to business under subparagraph 2 of Article 6 of that Act);

5. Appointment of an inspector who is a public official belonging to the Animal and Plant Quarantine Agency in charge of inspecting slaughterhouses and milk collection stations under Article 13 (1) of the Act;

6. Issuance of an order to a slaughterhouse business operator or milk collection business operator to report the results of inspection of livestock products and an order for an inspector to inspect a slaughterhouse or milk collection station and to collect livestock products under Article 19 (1) of the Act;

7. Issuance of an order for an inspector to seize or destroy livestock products pursuant to Article 36 of the Act;

8. Payment of monetary awards under Article 39 of the Act (payment shall be limited to those who report, accuse, or arrest a person who has committed a violation related to the slaughter, processing, and collection of milk or who has committed an improper act against livestock, and those who cooperate in the arrest);

9. Hearings under subparagraph 1 of Article 43 of the Act.

[Title Amended on Mar. 23, 2013]

Article 35(Jurisdiction of Ministry of Trade, Industry and Energy) #

(1) The Minister of Trade, Industry and Energy shall delegate his or her authority over the following matters to 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, respectively: <Amended on Feb. 18, 2010; Jan. 24, 2011; Jan. 16, 2013; Mar. 23, 2013; Oct. 31, 2017; Jan. 25, 2022>

1. Deleted; <Dec. 13, 2011>

2. Permission to incorporate a non-profit corporation, which is established or to be established under Article 32 of the Civil Act, under the jurisdiction of the Minister of Trade, Industry and Energy (limited to cases where the scope of activities of a non-profit corporation is limited to the jurisdiction of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor, and excluding corporations which have received financial support or are entrusted with business affairs from the relevant central administrative agency), revocation thereof, permission to incorporate a non-profit corporation, acceptance of reports on dissolution, other guidance and supervision, and replacement of its articles of incorporation, acceptance of reports on dissolution, and other guidance and supervision;

3. Issuance of a document certifying that they constitute any of the following goods exempted from individual consumption tax pursuant to Article 18 (1) 10 and 13 of the Individual Consumption Tax Act and Articles 30 (2) 1 and 32-2 of the Enforcement Decree of that Act:

(a) Petroleum products used as raw materials for the petrochemical industry;

(b) Bituminous coal used only for purposes other than the purposes of electricity generation business defined in subparagraph 3 of Article 2 of the Electric Utility Act (excluding electricity generation business supplying electricity produced in the course of conducting business defined in subparagraph 2 of Article 2 of the Integrated Energy Supply Act and electricity generation business supplying electricity produced by using energy from liquefied or gasified coal defined in subparagraph 1 (c) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy);

3-2. Issuing a certificate of use confirming that petroleum exempted from individual consumption tax pursuant to Article 18 (3) of the Individual Consumption Tax Act and Article 33 (1) 3 (b) of the Enforcement Decree of that Act has been used as raw materials for the petrochemical industry;

4. Issuance of documents certifying that they are used as raw materials for the petrochemical industry, which is eligible for exemption from traffic, energy, and environment tax pursuant to Article 15 (1) 3 of the Traffic, Energy and Environment Tax Act and Article 22 (2) 1 of the Enforcement Decree of that Act;

5. Issuance of a certificate of use confirming that petroleum exempted from traffic, energy, and environment tax pursuant to Article 15 (2) of the Traffic, Energy and Environment Tax Act and Article 23 (1) 2 (b) of the Enforcement Decree of that Act has been used as raw materials for the petrochemical industry;

6. Issuance of documents evidencing that they constitute petroleum products used as raw materials for production processes of petroleum products exempted from individual consumption tax pursuant to Article 18 (1) 10 of the Individual Consumption Tax Act and Article 30 (2) 1 of the Enforcement Decree of that Act, which shall apply mutatis mutandis pursuant to Article 111-6 (4) of the Restriction of Special Taxation Act, or a certificate of use confirming that petroleum products exempted from individual consumption tax pursuant to Article 18 (3) of that Act and Article 33 (1) 3 (b) of the Enforcement Decree of that Act are used as raw materials for production processes of petroleum products;

(2) The Minister of Trade, Industry and Energy shall delegate his or her authority over the following matters to the Administrator of a Free Trade Zone Office: <Amended on Feb. 18, 2010; Mar. 23, 2013>

1. The following matters under the Foreign Investment Promotion Act (hereafter in this subparagraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this subparagraph referred to as the "Decree") delegated pursuant to Article 55 of the Act on Designation and Management of Free Trade Zones:

(a) Acceptance of reports on foreign investment following the acquisition of new stocks, etc. and reports on modification thereof, and issuance of certificates of reports under Article 5 of the Act;

(b) Acceptance of reports on foreign investment following the acquisition of existing stocks, etc. and reports on modification thereof, issuance of certificates of reports, permission and permission for modification thereof under Article 6 of the Act;

(c) Acceptance of reports on foreign investment by acquiring stocks, etc. and issuance of certificates of reporting under Article 7 of the Act;

(d) Acceptance of reports on foreign investment or reports on modification of foreign investment in the form of long-term loans and issuance of certificates of reporting under Article 8 of the Act;

(e) Follow-up management of foreign investment under Article 21 of the Act;

(f) Acceptance of reports on the disposal, etc. of capital goods and issuance of certificates of reporting under Article 22 of the Act;

(g) Acceptance of a report on the transfer of stocks, etc. and approval for the extension of the transfer period under Article 23 of the Act;

(h) Acceptance of a report on a contract for the introduction of technology or a report on modification thereof, issuance of a certificate of report, and approval for the effective period of a contract for the introduction of technology under Article 25 of the Act;

(i) Orders for reporting, investigation, correction, etc. under Article 28 of the Act;

(j) Review and verification of introduced capital goods, etc. under Article 29 of the Act;

(k) Authority to dispose of capital goods under Article 37 of the Decree;

2. Deleted. <Dec. 13, 2011>

(3) Deleted. <Mar. 23, 2013>

[Title Amended on Mar. 23, 2013]

Article 36(Jurisdiction of Ministry of Health and Welfare) #

(1) The Minister of Health and Welfare shall delegate the authority on the following matters to the head of an affiliated agency, the head of which is a public official of Grade IV or higher: <Amended on Mar. 15, 2010>

1. Decision on the disuse of commodities and approval for disposal of commodities under the proviso of Article 35 (1) of the Commodity Management Act and the proviso of paragraph (2) of that Article;

(2) Deleted. <Mar. 27, 2018>

(3) The Minister of Health and Welfare shall delegate his or her authority over the following matters to 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, respectively: <Amended on Mar. 15, 2010; Jan. 16, 2013; Feb. 18, 2014>

1. Delegation and appointment of financial officers, disbursement officers, divisional financial officers, and divisional disbursement officers who take charge of the business affairs concerning State revenues and expenditures under the jurisdiction of the Ministry of Health and Welfare of public officials belonging to local governments under Articles 21, 22, and 40 of the Management of the National Funds Act, and the designation of public officials in lieu of such delegation and appointment;

2. Designation of handling of drugs in special areas under Article 4 of the Addenda to the Pharmaceutical Affairs Act (Act No. 8365);

3. Deleted; <Dec. 13, 2011>

4. Permission for the establishment of any of the following non-profit corporations under the jurisdiction of the Minister of Health and Welfare, which is established or to be established pursuant to Article 32 of the Civil Act, revocation thereof, permission to amend the articles of incorporation, acceptance of reports on dissolution, and other guidance and supervision:

(a) An incorporated foundation whose purpose is to establish funeral service institutions or to perform settlement projects for persons affected by Hansen's disease;

(b) A corporation, the scope of activities of which is limited to the jurisdictional area of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor, among corporations other than those referred to in item (a); provided, a corporation established by contributions from the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province shall be excluded herefrom;

5. The following authority over a corporation that has received a subsidy pursuant to Article 42 (1) of the Social Welfare Services Act:

(a) Receipt of reports under Article 35 (1) of the Subsidy Management Act;

(b) Approval for transfer, exchange, lease, and provision of security under Article 35 (3) 2 and 3 of the Subsidy Management Act.

(4) Deleted. <Mar. 15, 2010>

(5) Pursuant to Article 15 (1) 2 of the National Basic Living Security Act, the Minister of Health and Welfare shall entrust the Minister of Employment and Labor with the authority regarding vocational training conducted as a support for skills acquisition necessary for self-sufficiency of recipients pursuant to Article 15 (1) 2 of the National Basic Living Security Act. <Amended on Mar. 15, 2010; Jul. 12, 2010>

(6) The Minister of Health and Welfare shall delegate his or her authority over the following matters to the Commissioner of the Korea Disease Control and Prevention Agency: <Amended on Mar. 15, 2010; Feb. 14, 2011; Mar. 23, 2013; Sep. 11, 2020>

1. Deleted; <Dec. 29, 2010>

2. Deleted; <Sep. 11, 2020>

3. Deleted; <Sep. 11, 2020>

4. The following matters under the Transboundary Movement of Living Modified Organisms Act (hereafter in this subparagraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this subparagraph referred to as the "Decree"):

(a) Approval for the import of living modified organisms for testing, research, or expositions or exhibitions, and notification of the results thereof under Article 9 of the Act;

(b) Receipt of notification of any living modified organism imported by post for testing, research, or expositions or exhibitions, measures such as import inspection, destruction, return, etc., receipt of a report, and an order to dispose of such living modified organism under Article 10 of the Act;

(d) Prohibition against or restriction on importation of living modified organisms for testing and research or for expositions or exhibitions, subject to approval, and notification of details thereof under Article 14 (1) and (2) of the Act;

(e) Revocation of approval for importation of living modified organisms for testing, research, or expositions or exhibitions or notification of the details thereof under Article 17 of the Act;

(f) Revocation of approval for importation of living modified living organisms for testing or research or for expositions or exhibitions under Article 18 of the Act and notification of the details thereof;

(g) Dispositions, such as destruction, return, etc. of living modified organisms for testing and research or for expositions or exhibitions, subject to approval, and notification of the details thereof under Article 19 of the Act;

(h) Receipt of permission for or receipt of reports on the establishment and operation of research facilities for living modified organisms, receipt of permission for or reports on modification thereof, and notification of the details thereof under Article 22 (1) and (2) of the Act;

(i) Receipt of reports on the establishment and operation of research facilities by national research institutes belonging to the Ministry of Health and Welfare and notification of the details thereof under Article 22 (1) of the Act and the proviso of Article 23 (4) of the Decree;

(j) Approval for the development and research of living modified organisms which are highly likely to cause harm under the proviso of Article 22 (3) of the Act and Article 23 (6) 1 through 4 and 6 of the Decree;

(k) Revocation of permission for research facilities and issuance of orders to suspend the operation of research facilities under Article 23 (1) of the Act (only applicable to matters concerning research facilities referred to in items (h) and (i));

(l) Revocation of approval for the development and research of living modified organisms which are highly likely to cause harm under Article 23 (2) of the Act (limited to approval for the development and research under item (j));

(m) Receipt of notification on negative effects of living modified organisms under Article 27 (2) of the Act;

(n) Request for reporting or submission of data or samples or access and inspection by public officials affiliated with the Ministry of Land, Infrastructure and Transport under Article 36 (1) 1 (limited to persons who have obtained approval for importation referred to in item (a) or (i) of the Act), subparagraph 5 (limited to persons who have established and operated research facilities referred to in item (h) or (i) of the Act), subparagraph 6 (limited to persons who import living modified organisms referred to in item (a) or (b), and persons who have established and operated research facilities referred to in items (h) or (i) of the Act) of the Act;

(o) Access and inspection by public officials under his or her jurisdiction under Article 36 (2) of the Act (limited to those who are suspected of importing any living modified organism referred to in item (a) without approval or of goods deemed to be any living modified organism referred to in item (b) without filing a report or who are suspected of operating research facilities referred to in item (h) or (i) without obtaining permission or filing a report);

(p) Hearings on the revocation of approval for import of living modified organisms for testing, research, or expositions or exhibitions or on the revocation of permission for research facilities related to human risks under Article 37 of the Act;

(q) Imposing or collecting administrative fines under Article 44 (2) of the Act on or from persons who fall under Article 44 (1) 2 (limited to persons who fail to file a report or to comply with an order regarding living modified organisms referred to in item (b), 6, 7 (limited to persons who import living modified organisms referred to in item (a) or (b), and persons who establish and operate research facilities referred to in item (h) or (i)), and 8 (limited to persons who refuse, obstruct, or evade entry, examination, or request for inspection or submission of data or samples referred to in item (n) or (g)) of the Act.

(7) Deleted. <Mar. 23, 2013>

(8) Deleted. <Mar. 23, 2013>

(9) Deleted. <Sep. 11, 2020>

[Title Amended on Mar. 15, 2010]

Article 36-2(Jurisdiction of Korea Disease Control and Prevention Agency) #

(1) The Commissioner of the Korea Disease Control and Prevention Agency shall delegate his or her authority over the following matters to the head of an agency, the head of which is a public official of Grade IV or higher:

1. Decision on the disuse of commodities and approval for disposal of commodities under the proviso of Article 35 (1) of the Commodity Management Act and the proviso of paragraph (2) of that Article;

(2) The Commissioner of the Korea Disease Control and Prevention Agency shall entrust the authority to conduct fact-finding surveys and to establish standards for fact-finding surveys under Article 13 of the National Nutrition Control Act and Article 4 (2) of the Enforcement Decree of that Act to the Minister of Food and Drug Safety.

(3) The Commissioner of the Korea Disease Control and Prevention Agency shall delegate the authority to permit the establishment of a non-profit corporation whose scope of activities is limited to a single jurisdictional area of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province, from among the non-profit corporations established or to be established pursuant to Article 32 of the Civil Act the jurisdiction of the Commissioner of the Korea Disease Control and Prevention Agency, or the authority to revoke such permission, to amend the articles of incorporation, to accept reports on dissolution, and to provide guidance and supervision, to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor, respectively. <Added on Jan. 25, 2022>

[This Article Added on Sep. 11, 2020]

Article 38(Jurisdiction of Ministry of Environment) #

(1) The Minister of Environment shall delegate the following authority to the head of a river basin environmental office or the head of a regional environmental office, respectively: <Amended on Oct. 14, 2010; Apr. 10, 2012; Jul. 20, 2012; Oct. 2, 2018; Jan. 25, 2022; Mar. 4, 2025>

1. Deleted; <Jan. 24, 2011>

2. Consultation on determination of urban/gun management plans (limited to urban/gun management plans determined by Mayors/Do Governors) under Article 30 (1) of the National Land Planning and Utilization Act;

3. Consultation on any of the following business affairs (limited to projects other than projects subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act and Article 31 of the Enforcement Decree of that Act and projects subject to environmental impact assessment, the head of an approving agency, etc. of which is not the head of a central administrative agency pursuant to Article 77 (1) 18 and subparagraph 2 of Appendix 9 of the Enforcement Decree of that Act):

(a) Change of a master plan for reclamation of public waters under Article 27 of the Public Waters Management and Reclamation Act;

(b) A license to reclaim public waters under Article 28 of the Public Waters Management and Reclamation Act;

4. Approval of a project implementation plan, approval for modification, or receipt, consultation, and public notification of reports on the details of modification under Article 18 of the Korea Environment Corporation Act;

5. Sending copy of implementation plans under Article 6 (2) of the Enforcement Decree of the Korea Environment Corporation Act;

6. Deleted; <Jan. 16, 2013>

7. Consultation and presentation of opinions on determination of urban/gun management plans under Article 8 (2) of the Act on Special Measures for Designation and Management of Development Restriction Zones (limited to cases where the authority is delegated to the Mayor/Do Governor pursuant to Article 40 (1) of the Enforcement Decree of that Act);

8. Consultation on formulation of local plans for coastal management areas under Article 8 (4) of the Coast Management Act;

9. The following matters under the Korea Water Resources Corporation Act (hereafter in this subparagraph referred to as the "Act"):

(a) Approval of a project implementation plan under Article 9 (1) 2 (a) of the Act, among the approval of a project implementation plan under Article 10 (1) of the Act;

(b) Approval for modification of implementation plans under Article 10 (5) of the Act;

(c) Authorization of completion of construction under Article 11 (1) of the Act; the inspection of completion of construction, the issuance and public announcement of a certificate of authorization of completion of construction under paragraph (2) of that Article; and approval for use before authorization of completion of construction under paragraph (4) of that Article for projects referred to in item (a);

10. Submission of written opinions on matters regarding environmentally-friendly national land management related to the evaluation of national land plans under the latter part of Article 8-4 (2) of the Enforcement Decree of that Act Article 19-3 (3) of the Framework Act on National Land, with regard to urban/Gun master plans (limited to urban/Gun master plans approved by the Do Governor) under subparagraph 3 of Article 2 of the National Land Planning and Utilization Act.

(2) The Minister of Environment shall delegate his or her authority regarding permission for the establishment of a non-profit corporation under the jurisdiction of the Minister of Environment, which is established or to be established pursuant to Article 32 of the Civil Act, revocation thereof, permission for the amendment of the articles of incorporation, acceptance of reports on dissolution, and other guidance and supervision to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor, respectively; provided, this shall apply only to cases where the scope of activities of the corporation is limited to the jurisdiction of not more than 2 adjacent Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, or Special Self-Governing Provinces; and if the scope of its activities extends over two adjacent Special Cities Metropolitan Cities, Special Self-Governing Cities, Special Self-Governing Provinces, it shall be delegated to 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, respectively, having jurisdiction over the area in which the main office of the relevant corporation is located. <Amended on Jan. 16, 2013>

(3) Deleted. <Mar. 4, 2025>

(4) The Minister of Environment shall delegate his or her authority over the following matters entrusted by the Minister of Trade, Industry and Energy pursuant to Article 32 (2) of the Enforcement Decree of the Industrial Standardization Act (hereafter in this paragraph referred to as the "Decree") to the President of the National Institute of Environmental Research: <Added on Mar. 22, 2016>

1. Authority under Article 32 (2) 1 of the Decree;

3. Requests for deliberation to technology councils and expert committees and acceptance of reports under Article 32 (2) 3 of the Decree;

4. Appointment of executive secretaries and designation and operation of executive secretariats of technology councils under Article 32 (2) 4 of the Decree;

5. Conclusion of agreements and management of contributions under Article 32 (2) 4-2 of the Decree;

6. Designation and public announcement of products and fields of service subject to certification under Article 32 (2) 5 of the Decree;

7. Reports under Article 32 (2) 6 of the Decree.

(5 ) The Minister of Environment shall delegate the business affairs of managing State property under his or her jurisdiction under the State Property Act (hereafter in this paragraph referred to as the "Act") as follows: <Added on Dec. 28, 2021>

1. The management affairs under subparagraph 2 shall be delegated to 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 with respect to the following property:

(a) Rivers, ponds, property for the purpose of an embankment, and facilities annexed thereto (excluding property managed under the River Act, the Public Waters Management and Reclamation Act, the Public Waters Management and Reclamation Act, or the Harbor Act, and property with a separately-designated management agency);

(b) Property, such as residual river lands, to which management affairs are separately delegated pursuant to Article 28 (4) of the Act;

2. The scope of delegation of management affairs (including business affairs incidental thereto) shall be as follows:

(a) Management and disposal of State property under Article 8 (3) of the Act;

(b) Acquisition of real estate without an owner under Article 12 of the Act;

(d) Registration of acquired property and other necessary measures under Article 14 of the Act;

(e) Consultation on administrative conversion under Article 16 of the Act, decision on administrative conversion under Article 11 of the Enforcement Decree of that Act, and transfer of documents of such decision;

(f) Administrative conversion of State Property and approval for use of State property under Article 17 of the Act;

(g) Consultation on business affairs regarding the designation of the head of the competent central government agency by the general control agency regarding State property for which the head of the competent central government agency does not exist or is unclear under Article 24 of the Act, and inquiry as to whether jurisdiction exists;

(h) Entrustment of the administration of State property under Article 29 of the Act;

(i) Permission and approval for the use of State property under Article 30 of the Act;

(j) Collection of usage fees, etc. under Article 32 of the Act;

(k) Reduction of or exemption from usage fees under Article 34 of the Act;

(l) Renewal of period of permission for use under Article 35 of the Act;

(m) Revocation and withdrawal of permission for use, compensation for losses incurred by withdrawal, and notification of revocation or withdrawal under Article 36 of the Act;

(n) Hearings under Article 37 of the Act;

(o) Sanctions against negligence in management under Article 39 of the Act;

(p) Disuse of administrative property and transfer of disused administrative property under Article 40 of the Act;

(q) Loans under Article 41 of the Act;

(r) Improvement of property register and fact-finding surveys on property under Article 66 of the Act;

(s) Reporting on destruction or removal under Article 70 of the Act;

(t) Collecting indemnities and arrears under Articles 72 and 73 of the Act;

(u) Consultation on determination and modification of urban management planning for State Property and restrictions on use and preservation of State Property requested pursuant to Article 73-2 of the Act;

(v) Removal of illegal facilities or other necessary measures under Article 74 of the Act;

(w) Consultation on gratuitous transfer and gratuitous reversion to project operators of public facilities under statutes other than the State Property Act;

(x) Approval, etc. for the excavation of buried goods under Article 4 of the Regulations on Excavation of Goods Buried in State Property.

Article 39(Jurisdiction of Ministry of Employment and Labor) #

(1) The Minister of Employment and Labor shall delegate his or her authority over the following matters to the heads of regional employment and labor offices or branch offices, respectively:

1. Imposing and collecting administrative fines under Article 129 of the Industrial Accident Compensation Insurance Act;

2. Imposing and collecting administrative fines under Article 50 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance;

4. The following matters under the Serious Accidents Punishment Act (hereafter in this subparagraph referred to as the "Act") and the Enforcement Decree of that Act (hereafter in this subparagraph referred to as the "Decree"):

(a) Imposing and collecting administrative fines under Article 8 (2) and (3) of the Act;

(b) Notification of matters necessary for providing safety and health education under Article 6 (4) of the Decree;

(c) Receipt of a request for postponement of safety and health education pursuant to Article 6 (5) through (7) of the Decree, whether it is possible to postpone such education, and notification of the postponed education schedule, etc. under Article 6 (5) through (7) of the Decree;

(d) Receipt of a request for issuance of a certificate of completion of safety and health education pursuant to Article 6 (10) and (11) of the Decree and issuance of a certificate of completion of safety and health education pursuant to Article 6 (10) and (11) of the Decree.

(2) The Minister of Employment and Labor shall delegate his or her authority concerning permission for incorporation of a non-profit corporation established or to be established pursuant to Article 32 of the Civil Act (limited to where the scope of activities of such non-profit corporation is limited to not more than 3 adjacent jurisdictional areas of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Mayor, a Do Governor, or a Special Self-Governing Province Governor), revocation thereof, permission to amend the articles of incorporation, acceptance of reports on dissolution, and other guidance and supervision, respectively, according to the following classifications:

1. If the scope of activities of a corporation is limited to a jurisdictional area of 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: The relevant Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor;

2. Where the scope of activities of a corporation extends over 2 or 3 adjacent Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, or Special Self-Governing Province: The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the area where the main office of the relevant corporation is located.

[This Article Wholly Amended on Jan. 23, 2024]

Article 41(Jurisdiction of Ministry of Land, Infrastructure and Transport) #

(1) The Minister of Land, Infrastructure and Transport shall delegate his or her authority regarding the appointment, supervision, etc. of registered security guards assigned for the security of major structures on general national highways pursuant to Articles 5 and 9-3 (1) of the Registered Security Guard Act to the head of a regional land management agency. <Amended on Oct. 2, 2018>

(2) The Minister of Land, Infrastructure and Transport shall delegate the business affairs regarding the management of State property under his or her jurisdiction under the State Property Act (hereafter in this paragraph referred to as the "Act") to the Minister of Land, Infrastructure and Transport as follows: <Amended on Oct. 14, 2010; Apr. 1, 2011; Jan. 16, 2013; Mar. 23, 2013; Jan. 5, 2021; Dec. 28, 2021>

(a) Property for the purpose of a road and its ancillary facilities (excluding property managed under other statutes, such as the Road Act, and property separately designated by a management agency);

(b) Property for the purpose of canal, and facilities annexed thereto (excluding property managed under the River Act, the Public Waters Management and Reclamation Act, the Public Waters Management and Reclamation Act, or the Harbor Act, and property with a separately-designated management agency);

(c) Property, such as coastal reclaimed land, remaining roads, etc. for which management affairs are separately delegated pursuant to Article 28 (4) of the Act;