Article 1(Purpose) #
The purpose of this Act is to establish the Northeast Asian History Foundation and thereby contribute to the establishment of correct history and the promotion of peace and prosperity in the Northeast Asian region by conducting long-term and comprehensive research and analysis on historical issues in Northeast Asia and matters related to Dokdo, and by developing systematic and strategic policies.
Article 2(Corporation) #
The Northeast Asian History Foundation (hereinafter referred to as the "Foundation") shall be a corporation.
Article 3(Establishment) #
(1) The Foundation shall be established by registering its incorporation at the location of its head office.
(2) Matters to be registered for incorporation under paragraph (1) shall be as follows:
1. Purpose;
2. Name;
3. Location of the head office;
4. Matters concerning business;
5. Matters concerning executives;
6. Method of public announcement.
Article 4(Articles of incorporation) #
(1) The articles of incorporation of the Foundation shall state the following matters: <Amended on Mar. 23, 2021>
1. Purpose;
2. Name;
3. Matters concerning the head office;
4. Matters concerning the establishment and operation of affiliated research institutes;
5. Matters concerning business and the execution thereof;
6. Matters concerning its executive officers and employees;
7. Matters concerning the board of directors;
8. Matters concerning property and accounting;
9. Matters concerning public announcement;
10. Matters concerning amendment to the articles of incorporation;
11. Matters concerning the enactment, amendment, or repeal of internal regulations.
(2) Where the Foundation intends to amend its articles of incorporation, it shall obtain authorization from the Minister of Education in advance. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 5(Projects) #
(1) The Foundation shall conduct the following projects to achieve the purpose under Article 1:
1. Research and study for establishing history in Northeast Asia;
2. Research and study on matters related to Dokdo;
3. Development of strategies and policy alternatives concerning the history of Northeast Asia and Dokdo, and policy recommendations to the Government;
4. Support for and exchanges with civil society organizations concerning the history of Northeast Asia and Dokdo;
5. Publicity, education, publication, and dissemination concerning the history of Northeast Asia and Dokdo;
6. Systematic activities for correcting errors in the indication of the East Sea and Dokdo.
(2) The Foundation may, with the approval of the Minister of Education, conduct profit-making projects necessary to achieve the purpose under Article 1 in addition to the projects under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 6(Cooperation with related research institutes) #
(1) The Foundation shall endeavor to share information such as research outcomes with related research institutes, including the Academy of Korean Studies, the National Institute of Korean History, and universities, to achieve the purpose under Article 1.
(2) The Foundation may conduct cooperative projects with the related research institutes under paragraph (1) to achieve the purpose under Article 1.
(3) Where the Foundation conducts information sharing, cooperative projects, etc., the Minister of Education may provide necessary administrative and financial support. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>
Article 7(Executive officers) #
(1) The Foundation shall have not more than 20 directors including 1 chairperson of the board, and 1 auditor as its executive officers.
(2) Executive officers, other than the chairperson of the board and full-time directors prescribed by the articles of incorporation, shall serve on a part-time basis. <Amended on Mar. 23, 2021>
(3) The chairperson of the board shall be appointed by the President upon recommendation of the Minister of Education through the Prime Minister. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Except for ex officio directors prescribed by Presidential Decree, directors shall be appointed by the Minister of Education upon recommendation of the chairperson of the board, through consultation with the Minister of Foreign Affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>
(5) The auditor shall be appointed by the Minister of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(6) The term of office of the chairperson of the board and directors shall be 3 years, and that of the auditor shall be 2 years, and they may be reappointed only once; provided, the term of office of ex officio directors shall be their tenure in the relevant position. <Amended on Mar. 23, 2021>
Article 8(Grounds for disqualification of executive officers and employees) #
No person who falls under any of the following subparagraphs shall become an executive officer or employee of the Foundation: <Amended on Mar. 23, 2021>
1. Anyone who is not a citizen of the Republic of Korea;
2. Anyone who falls under any subparagraph of Article 33 of the State Public Officials Act.
Article 9(Duties of executive officers) #
(1) The chairperson of the board shall represent the Foundation, control and supervise the overall affairs of the Foundation, and direct and supervise its employees. <Amended on Mar. 23, 2021>
(2) Full-time directors shall take charge of the affairs of the Foundation as prescribed by the articles of incorporation, and where the chairperson of the board is unable to perform his or her duties due to unavoidable reasons, a full-time director prescribed by the articles of incorporation shall act on his or her behalf. <Amended on Mar. 23, 2021>
(3) The auditor shall audit the affairs and accounting of the Foundation.
Article 10(Restrictions on concurrent positions of executive officers and employees) #
(1) Executive officers and employees of the Foundation, except for part-time directors, shall not engage in business for profit other than their duties.
(2) Executive officers and employees of the Foundation, except for part-time directors, shall not concurrently hold other positions without permission of the chairperson of the board.
Article 11(Board of directors) #
(1) The Foundation shall have a board of directors to deliberate and resolve important matters concerning its affairs.
(2) The board of directors shall be composed of directors, including the chairperson of the board.
(3) The chairperson of the board shall convene meetings of the board of directors and shall preside over them.
(4) Meetings of the board of directors shall be constituted with the attendance of a majority of incumbent directors, and resolutions shall be adopted by a majority of the directors present.
(5) The auditor may attend meetings of the board of directors and may state his or her opinions.
Article 12(Appointment and dismissal of employees) #
Employees of the Foundation shall be appointed and dismissed by the chairperson of the board as prescribed by the articles of incorporation. <Amended on Mar. 23, 2021>
Article 13(Operating resources) #
The Foundation shall be operated with the following resources:
1. Contributions or subsidies from the Government under Article 14;
2. Other revenues.
Article 14(Contributions) #
(1) The Government may, within the budgetary limits, provide contributions or subsidies necessary to cover expenses for the establishment and operation of the Foundation.
(2) Matters necessary for the provision and use of contributions, etc. under paragraph (1) shall be prescribed by Presidential Decree.
Article 15(Gratis loan of State or public property) #
Where deemed necessary for the establishment and operation of the Foundation, the State or a local government may, notwithstanding the State Property Act or the Public Property and Commodity Management Act, gratuitously loan State property or public property to the Foundation or allow it to use or benefit from such property. <Amended on Mar. 23, 2021>
Article 16(Fiscal year) #
The fiscal year of the Foundation shall coincide with that of the Government.
Article 17(Submission of project plans) #
(1) The Foundation shall, as prescribed by Presidential Decree, submit the following documents to the Minister of Education and obtain his or her approval: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>
1. Annual project plans and budget statements;
2. Business performance for each fiscal year and the annual statement of accounts audited by a certified public accountant designated by the Minister of Education.
(2) Where the Foundation intends to obtain approval by making important changes to the project plan referred to in subparagraph 1 of paragraph (1), it shall submit to the Minister of Education the project plan and budget statement stating in advance the details and reasons for such changes. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 18(Secondment of public officials) #
(1) Where deemed particularly necessary to achieve its purpose, the Foundation may, through the Minister of Education, request any relevant government Ministry or public institution to second public officials, executive officers, employees, or research personnel. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The head of the relevant government ministry or public institution that has received a request for secondment under paragraph (1) may, in consultation with the Foundation, second its employees to the Foundation.
(3) No person seconded to the Foundation under paragraph (2) shall be subject to any disadvantage in status, such as personnel affairs or remuneration, by reason of such secondment. <Amended on Mar. 23, 2021>
Article 19(Requests for provision of materials) #
(1) The Foundation may, through the Minister of Education, request any relevant government Ministry to provide materials necessary for conducting its projects. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) The head of the relevant government ministry may request the chairperson of the board to provide necessary materials.
(3) Materials provided to the Foundation under paragraph (1) shall not be used for purposes other than research of the Foundation.
Article 20(Report on issues concerning Northeast Asian history) #
The chairperson of the board may report to the President, through the Minister of Education and the Minister of Foreign Affairs, on matters concerning the history of Northeast Asia and Dokdo that affect national policies. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 21(Guidance and supervision) #
(1) The Minister of Education shall guide and supervise the Foundation; provided, the Minister of Education shall consult with the Minister of Foreign Affairs with respect to matters under the jurisdiction of the Ministry of Foreign Affairs among the affairs of the Foundation. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) Where the Minister of Education guides and supervises the performance of projects under Article 5, he or she may, if deemed necessary, consult with the heads of relevant government Ministries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>
(3) The Minister of Education may require the Foundation to report on necessary matters concerning its affairs, accounting, and property, or may have public officials under his or her control inspect the documents, goods, etc. of the Foundation. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Where the Minister of Education deems it necessary as a result of the report or inspection under paragraph (3), he or she may order the Foundation to make corrections or take other necessary measures. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 22(Duty of confidentiality) #
No executive officer, employee, person seconded to the Foundation under Article 18, or any person who held such a position shall divulge any confidential information learned in the course of duty or use it for purposes other than official duties. <Amended on Mar. 23, 2021>
[Title Amended on Mar. 23, 2021]
Article 23(Application mutatis mutandis of Civil Act) #
Except as otherwise provided in this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the Foundation. <Amended on Mar. 23, 2021>
Article 24(Legal fiction as public officials in the application of penalty provisions) #
Executive officers and employees of the Foundation (including executive officers, employees, or research personnel of public institutions seconded to the Foundation under Article 18) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act. <Amended on Mar. 23, 2021>
Article 25(Penalty provisions) #
Any person who violates Article 22 shall be punished by imprisonment for not more than 2 years or by a fine not exceeding 20 million won. <Amended on May 29, 2016>
Article 26(Administrative fines) #
(1) Any person who refuses, obstructs, or evades an inspection under Article 21 (3), or who submits false materials, shall be subject to an administrative fine not exceeding 1 million won. <Amended on Mar. 23, 2021>
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Education as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>
(3) Deleted. <Mar. 23, 2013>
(4) Deleted. <Mar. 23, 2013>
(5) Deleted. <Mar. 23, 2013>