ENFORCEMENT DECREE OF THE MANAGEMENT OF PRESIDENTIAL ARCHIVES

Article 1(Purpose) #

The purpose of this Decree is to provide for the matters delegated by the Act on the Management of Presidential Archives and matters necessary for the enforcement thereof.

Article 2(Operation of Special Committee for Management of Presidential Records) #

(1) The chairperson (hereinafter referred to as the "Chairperson") of the Special Committee for the Management of Presidential Records (hereinafter referred to as the "special committee") established under Article 5 of the Act on the Management of Presidential Archives (hereinafter referred to as the "Act") shall preside over affairs and meetings of the special committee. <Amended on Feb. 4, 2010>

(2) Meetings of the special committee shall be held quarterly: Provided, That where the Chairperson deems it necessary or upon request by at least one-third of incumbent members, the Chairperson may hold a meeting. <Amended on Feb. 4, 2010>

(3) Meetings of the special committee shall be open with the attendance of a majority of incumbent members and resolutions shall be passed with the concurrence of a majority of the members present at the relevant meeting. <Amended on Feb. 4, 2010>

(4) Where the Chairperson deems it necessary to deliberate on any matter specified under the subparagraphs of Article 5 (2) of the Act, he or she may request the head of the institutions referred to in subparagraph 1 (b) and (c) of Article 2 of the Act (hereinafter referred to as "Presidential record creation institutions"), the head of record repositories of the Presidential record creation institutions (hereinafter referred to as "competent repositories") under Article 9 (1) of the Act, and the head of Presidential Archives, to submit data necessary for the management of relevant Presidential records or require relevant public officials, interested persons, other witnesses, etc. to attend meetings to present opinions. <Amended on Jul. 19, 2016>

(5) The special committee may pay to its members allowances, and reimburse travel expenses and other expenses incurred within budgetary limits: Provided, That the same shall not apply where a public official-member attends meetings of the special committee in direct relation to his or her official duties. <Amended on Feb. 4, 2010>

(6) Except as provided in paragraphs (1) through (5), matters necessary for the operation of the special committee shall be prescribed by the Chairperson subject to a resolution passed by the special committee. <Amended on Feb. 4, 2010>

(7) The head of the Presidential Archives shall support the following in order to efficiently operate the special committee: <Amended on Feb. 4, 2010>

1. Matters concerning a budget, manpower, and administrative affairs necessary for the operation of the special committee;

2. Matters concerning the arrangement of meetings of the special committee and the preparation of agenda items;

3. Matters concerning research and study on affairs related to the functions of the special committee;

4. Other matters requested by the Chairperson in relation to support for the affairs of the special committee.

[Title Amended on Feb. 4, 2010]

Article 3(Establishment of Records Repositories) #

(1) The Presidential record creation institutions required to establish and operate a record repository pursuant to Article 9 of the Act shall be as follows: <Amended on Feb. 29, 2008; Aug. 27, 2008; Mar. 23, 2013; Jul. 26, 2017>

1. The Office of the President, the Office of National Security, and the Presidential Security Service;

2. The National Economic Advisory Council, the National Security Council, the Presidential Advisory Council on Science and Technology, and the National Unification Advisory Council;

3. Other Presidential Advisory Councils designated by the head of the Presidential Archives in consultation with the heads of Presidential record creation institutions where he or she deems it necessary to establish a record repository.

(2) In principle, record repositories of Presidential record creation institutions shall be established in the records management department: Provided, That the record repositories of Presidential record creation institutions under paragraph (1) 3 may be established in the department designated by the head of such institution.

Article 4(Timing for and Methods of Notification of Present Status of Creation) #

(1) Pursuant to the main clause of Article 10 (1) of the Act, the head of a Presidential record creation institution shall notify the heads of the competent record repositories of the present status of the creation of Presidential records for the previous year by May 31 each year, and the heads of the competent record repositories shall do so to the head of the Presidential Archives by August 31 each year. <Amended on Aug. 4, 2010; Mar. 9, 2021>

(2) The present status of the creation of Presidential records referred to in paragraph (1) shall include a list specifying the department that has created the Presidential records, the year of creation, the function, the volume created for each function.

(3) The head of the Presidential Archives shall publicly announce the present status of the creation of Presidential records notified by the head of the competent record repository pursuant to Article 10 (2) of the Act on the website of the Presidential Archives by December 31 of each year. <Newly Inserted on Mar. 9, 2021>

Article 5(Time of Transfer) #

(1) The head of a Presidential record creation institution shall transfer Presidential records to the record repository under his or her jurisdiction within two years from the commencement of the retention period pursuant to the main clause of Article 11 (1) of the Act after preservation in a handling division defined in subparagraph 4 of Article 3 of the Regulations on the Operation and Innovation of Administrative Affairs (hereinafter referred to as "handling division"): Provided, That where no office takes over affairs from the handling division of the Presidential record creation institution because it has been disbanded, he or she shall transfer the Presidential records to the record repository under his or her jurisdiction without delay. <Amended on Dec. 21, 2011; Apr. 26, 2016; Jun. 27, 2023>

(2) Notwithstanding paragraph (1), Presidential records created in the year in which the term of office of the President expires and in the year preceding it shall be transferred to the competent record repositories before the term of the President expires.

(3) Notwithstanding paragraph (1), where the record repositories under the main clause of Article 9 (1) of the Act have not been established or it is necessary to frequently consult records, the head of a Presidential record creation institution may extend the time of the transfer of Presidential records until the end of the year before the year in which the term of office for President expires. <Newly Inserted on Jul. 19, 2016>

(4) Where the head of a Presidential record creation institution intends to extend the period of the transfer of Presidential records pursuant to paragraph (3), he or she shall prepare and submit a list of files containing Presidential records the period of the transfer of which he or she intends to extend to the competent record repositories until the period of the transfer thereof under paragraph (1). <Newly Inserted on Jul. 19, 2016>

(5) As soon as the term of office of the President commences, the heads of the record repositories of the Office of the President, the Office of National Security, and the Presidential Security Service shall, without delay, acquire the Presidential records created in relation to the official duties the President has performed as the President-elect to the record repositories thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 19, 2016; Jul. 26, 2017>

(6) When an acting President becomes disqualified from acting as President, he or she shall transfer Presidential records created in relation to the official duties he or she has performed as the acting President to the record repositories of the Office of the President, the Office of National Security, and the Presidential Security Service, without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 19, 2016; Jul. 26, 2017>

Article 6(Extension of Time of Transfer of Presidential Records) #

(1) Where the head of an institution, the function of which is to advise or guard the President under subparagraph 1 (b) of Article 2 of the Act (hereinafter referred to as "Presidential advisory and security agency") intends to extend the time of transfer of Presidential records, other than Presidentially designated records, pursuant to Article 11 (3) of the Act, he or she shall request the head of the Presidential Archives to grant an extension of the time of transfer of Presidential records by at least six months before the term of office of the President expires, specifying in writing the list of the relevant Presidential records, the scheduled time for extension, grounds therefor, etc. <Amended on Mar. 9, 2021; Mar. 29, 2022>

(2) The head of the Presidential Archives requested to grant an extension of the time of transfer pursuant to paragraph (1) shall determine whether to grant such extension, the time of transfer, etc. subject to deliberation by the special committee. <Amended on Feb. 4, 2010; Mar. 9, 2021>

(3) Where the time of transfer of Presidential records is extended pursuant to paragraph (2), the head of a Presidential advisory and security agency shall thoroughly manage Presidential records and the list thereof during the extended period. <Newly Inserted on Mar. 29, 2022>

(4) The head of a Presidential advisory and security agency shall transfer Presidential records and the list thereof to the Presidential Archives before the extended time of transfer under paragraph (2) ends. <Newly Inserted on Mar. 29, 2022>

[Title Amended on Mar. 9, 2021]

Article 6-2(Methods of Retrieving Divulged Presidential Records) #

(1) Where Presidential records are divulged, the head of a Presidential record creation institution and the head of the Presidential Archives shall notify in writing to a person who possesses the divulged Presidential records, requiring him or her to transfer the Presidential records under Article 12 (1) of the Act.

(2) Where the head of a Presidential record creation institution or the head of the Presidential Archives retrieves Presidential records divulged, he or she shall take measures for preservation, such as packaging them in a preservation box, etc. to ensure that such Presidential records are not damaged.

[This Article Newly Inserted on Mar. 9, 2021]

Article 6-3(Management of Presidential Gifts) #

(1) Where the head of a Presidential record creation institution manages Presidential gifts prescribed in subparagraph 1-2 (c) of Article 2 of the Act (hereinafter referred to as "Presidential gifts"), he or she shall produce and manage registered information as prescribed by the head of the Presidential Archives.

(2) Where Presidential gifts whose registered information is produced or managed by the head of a Presidential record creation institution under paragraph (1) are animals or plants so that another institution is deemed better suited to manage the gifts more efficiently, he or she may transfer the gifts so that such institution can manage them.

[This Article Newly Inserted on Mar. 29, 2022]

Article 6-4(Consultation on Period of Preservation of Presidential Records) #

The head of a Presidential record creation institution may set different standards for classifying and determining the retention period of Presidential records in consultation with the head of the Presidential Archives.

[This Article Newly Inserted on Mar. 29, 2022]

Article 7(Reevaluation and Procedures for Destruction of Presidential Records) #

(1) Upon expiry of the retention period of Presidential records whose retention period is not more than 30 years, the head of Presidential Archives shall evaluate the preservation value of the relevant records, and re-determine the retention period or classify them as records required to be destroyed. <Amended on Mar. 3, 2020>

(2) With respect to Presidential records whose retention period is semi-permanent, the head of the Presidential Archives shall evaluate the preservation value of the relevant records, and re-determine the retention period as permanent or classify them as records required to be destroyed, upon expiry of 70 years from the initial date in reckoning the retention period. <Newly Inserted on Mar. 3, 2020>

(3) Where the head of a Presidential record creation institution sends a list of Presidential records required to be destroyed to the head of the Presidential Archives pursuant to Article 13 (2) of the Act, he or she shall notify him or her the main contents of such list, opinions on destruction, etc., with the list. <Amended on Jul. 19, 2016; Mar. 3, 2020>

(4) The heads of Presidential record creation institutions and the head of the Presidential Archives shall destroy Presidential records, the destruction of which has been determined pursuant to Article 13 (2) and (3) of the Act, by melting, crushing, etc. after publicly notifying their list for at least 10 days, and irrecoverably delete the electronic Presidential records from the storage device. <Amended on Jul. 19, 2016; Mar. 3, 2020>

[Title Amended on Mar. 3, 2020]

Article 8(Formulation and Implementation of Security and Disaster Measures) #

Pursuant to Article 15 of the Act, the heads of Presidential record creation institutions and the head of the Presidential Archives shall formulate and implement the following security and disaster measures for Presidential archives and preservation facilities under their jurisdiction: <Amended on Mar. 9, 2021>

1. Security measures to manage visitors, locking mechanisms, computer systems, etc.;

2. Disaster measures, such as priority in the evacuation of Presidential records and worker safety rules, where a disaster occurs due to fire, flooding, etc.

Article 9(Procedures for Designation of Presidentially Designated Records) #

(1) Where the head of a Presidential record creation institution deems that any Presidential record falls under any of the subparagraphs of Article 17 (1) of the Act, he or she shall give opinion on whether such Presidential record is required to be designated as Presidentially designated record and the designation of the protection period thereof when he or she transfers the Presidential record to the competent record repository under his or her jurisdiction pursuant to Article 5. <Amended on Jul. 19, 2016>

(2) The President shall designate Presidentially designated records and determine the protection period thereof, referring to the opinion given pursuant to paragraph (1), before he or she transfers Presidential records to the Presidential Archives. <Amended on Mar. 9, 2021>

(3) The initial date of the protection period under Article 17 (3) of the Act shall be the date immediately following the date the term of office of the President expires.

Article 10(Methods and Procedures for Perusal of Presidentially Designated Records) #

(1) Where the Speaker of the National Assembly requests perusal or duplication of Presidentially designated records, or submission of data (hereafter in this Article referred to as "perusal, etc.") pursuant to Article 17 (4) 1 of the Act, he or she shall present to the head of the Presidential Archives, evidentiary documents attesting that at least 2/3 of the incumbent members of the National Assembly have approved such perusal, etc. and shall specify the relevant Presidentially designated records and method of perusal, etc. (which means perusal, duplication, or submission of data). <Amended on Mar. 9, 2021>

(2) Where the head of the competent high court issues a writ pursuant to Article 17 (4) 2 of the Act, he or she shall specify the relevant Presidentially designated records, method of perusal, etc. (which means perusal, duplication, or submission of data).

(3) Where the Speaker of the National Assembly makes a request under paragraph (1) or a writ issued by the head of the competent high court under paragraph (2) is produced, the head of the Presidential Archives shall allow the relevant perusal, etc. within 10 days. In such cases, the method of perusal, etc. shall be as follows:

1. In cases of perusal, it shall be made at a separate place designated by the head of the Presidential Archives;

2. In cases of duplication or the submission of data, in principle, the head of the Presidential Archives shall require an official approved pursuant to paragraph (4) to produce copies and an official he or she designates to deliver data in person.

(4) Pursuant to Article 17 (4) 3 of the Act, the head of the Presidential Archives shall grant approval for perusal, etc. by officials under his or her supervision only where necessary to conduct any of the following affairs: <Amended on Apr. 29, 2014; Mar. 3, 2020; Mar. 9, 2021; Mar. 29, 2022; Aug. 8, 2023>

1. Electronic management of Presidential records under Article 8 of the Act;

1-2. Transfer of Presidential records under Article 11 of the Act;

1-3. Affairs concerning the formulation and implementation of security and disaster measures for Presidential records under Article 15 of the Act;

2. Rescission of protective measures following the expiry of the protection period under Article 17 (1) of the Act;

3. Affairs concerning the perusal or duplication of Presidentially designated records, or submission of data under Article 17 (4) 1 or 2 of the Act;

Article 10-2(Management of Copies of Presidentially Designated Records Submitted to National Assembly) #

(1) Where the head of the Presidential Archives provides copies of Presidentially designated records or submits data pursuant to Article 17 (4) 1 or 2 of the Act, he or she shall consult in advance with the person who requested such copies or submission of data with respect to the place of preservation of the copies or data, and the number of persons to peruse the copies or data, etc. so that they can be utilized only for the relevant purposes

(2) Where the head of the Presidential Archives has received returned copies of Presidentially designated records or data pursuant to the former part of Article 17 (5) of the Act, he or she shall check the copies or data for omissions.

[This Article Newly Inserted on Mar. 9, 2021]

[Previous Article 10-2 moved to Article 10-3 <Mar. 9, 2021>]

Article 10-3(Perusal by Former Presidents) #

(1) Where a former President intends to peruse Presidential records pursuant to Article 18 (1) 1 of the Act, the head of the Presidential Archives shall provide a place and facilities dedicated to perusal or other convenience necessary for perusal. In such cases, the place and facilities dedicated to perusal may be in the Presidential Archives or a place and facilities in a relevant permanent archives management institution may be used for that purpose in consultation with the head of the permanent archives management institution referred to in subparagraph 5 of Article 3 of the Public Records Management Act. <Amended on Mar. 9, 2021>

(2) Where a former President or his or her ordinary proxy or extraordinary proxy, etc. intends to peruse Presidential records under paragraph (1) 1 of that Article, he or she shall submit an application for perusal determined by the head of the Presidential Archives to the head of the Presidential Archives. In such cases, the ordinary proxy shall submit a document evidencing his or her agency authority to the head of the Presidential Archives. <Amended on Mar. 9, 2021; Aug. 8, 2023>

(3) Where an extraordinary proxy, etc. requests perusal under Article 18 (1) 1 of the Act pursuant to paragraph (2), the head of the Presidential Archives shall allow the extraordinary proxy, etc. to peruse Presidential records available for perusal under Article 10-7 of this Decree without delay: Provided, That in cases of Presidentially designated records, notification shall be given as to whether perusal under Article 18 (1) 1 of the Act is possible within 30 days from the date when an application for perusal is received following deliberation by the special committee, and the period may be extended only once by up to 30 days if necessary for deliberation, etc. by the special committee. <Newly Inserted on Aug. 8, 2023>

(4) Methods of perusal under Article 18 (1) 1 of the Act shall be as follows: <Amended on Mar. 9, 2021; Aug. 8, 2023>

1. As for Presidential records retained or managed in an electronic form, peruse via a system prescribed by the head of the Presidential Archives;

2. As for Presidential records not retained or managed in an electronic form, peruse their copies, reproductions, etc.;

(5) The head of the Presidential Archives shall destroy copies or reproductions of Presidential records, etc. that have been perused under paragraph (4) 2 by a former President or his or her ordinary proxy or extraordinary proxy, etc. immediately after perusal. <Amended on Mar. 9, 2021; Aug. 8, 2023>

Article 10-4(Perusal by Former Presidents via Information and Communications Networks) #

(1) Where a former President requests perusal through information and communications networks under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as " perusal through information and communications networks") in accordance with Article 18 (1) 2 of the Act, the head of the Presidential Archives may install a private line, a personal computer for exclusive use for perusal, or other equipment necessary for perusal through information and communications networks (hereinafter referred to as "equipment for perusal"). In such cases, the place where the equipment for perusal is installed shall be limited to one place, either the private residence or the office of the former President, determined by the head of Presidential Archives in consultation with the former President. <Amended on Jul. 19, 2016; Mar. 9, 2021>

(2) Where the head of the Presidential Archives intends to install equipment for perusal, he or she shall consult on the management of such equipment for perusal, designation of a proxy, other matters necessary for perusal through information and communications networks with the former President. <Amended on Mar. 9, 2021>

(3) Where the head of the Presidential Archives installs equipment for perusal to provide services for perusal through information and communications networks, he or she shall formulate and implement security measures to prevent the forgery, falsification, divulging of and damage to Presidential records, such as denying unauthorized access, prevention of server breaches, enhancement of user identification and authentication. <Amended on Mar. 9, 2021>

(4) In order to formulate and implement security measures under paragraph (3), the head of the Presidential Archives shall take security measures the safety of which has been confirmed by the Director of the National Intelligence Service pursuant to Article 56 (3) of the Electronic Government Act, and the Director of the National Intelligence Service may verify whether such security measures have been taken.

(5) Deleted. <Mar. 9, 2021>

[This Article Newly Inserted on Aug. 4, 2010]

[Title Amended on Mar. 9, 2021]

[Moved from Article 10-3 <Mar. 9, 2021>]

Article 10-5(Provision of Copies or Reproductions to Former Presidents) #

(1) Where a former President or his or her ordinary proxy or extraordinary proxy, etc. intends to peruse, etc. pursuant to paragraph (1) 3 of that Article, he or she shall submit an application for perusal determined by the head of the Presidential Archives to the head of the Presidential Archives. In such cases, the ordinary proxy shall submit a document evidencing his or her agency authority to the head of the Presidential Archives. <Amended on Aug. 8, 2023>

(2) Where an extraordinary proxy, etc. requests perusal, etc. under Article 18 (1) 3 of the Act pursuant to paragraph (1), the head of the Presidential Archives shall allow the extraordinary proxy, etc. to peruse Presidential records available for perusal under Article 10-7 of this Decree without delay: Provided, That in cases of Presidentially designated records, notification shall be given as to whether perusal, etc. under Article 18 (1) 3 of the Act is possible within 30 days from the date when an application for perusal is received following deliberation by the special committee, and the period may be extended only once by up to 30 days if necessary for deliberation, etc. by the special committee. <Newly Inserted on Aug. 8, 2023>

(3) Where the head of the Presidential Archives provides a former President or his or her ordinary proxy or extraordinary proxy, etc. with copies or reproductions of Presidentially designated records or confidential records, he or she shall determine the means of provision of such copies or reproductions, the period of provision, management plan, etc. after having prior consultation with the person provided with copies or reproductions. <Amended on Aug. 8, 2023>

(4) A former President or his or her ordinary proxy or extraordinary proxy, etc. shall, upon attaining the purpose of perusal of a copy or reproduction of Presidentially designated records or confidential records, return it to the head of the Presidential Archives without delay. <Amended on Aug. 8, 2023>

(5) Where the head of the Presidential Archives receives a copy or reproduction of Presidentially designated records or confidential records pursuant to paragraph (4), he or she shall immediately destroy such records. <Amended on Aug. 8, 2023>

[This Article Newly Inserted on Mar. 9, 2021]

[Title Amended on Aug. 8, 2023]

Article 10-6(Methods and Procedures for Designating Extraordinary Proxy in Cases of Death of Former Presidents) #

(1) Where the family members of a former President recommend an extraordinary proxy, etc. pursuant to Article 18 (3) of the Act, he or she shall submit a written request for the designation of an extraordinary proxy, etc. determined by the head of the Presidential Archives to the head of the Presidential Archives in writing. In such cases, the written request for the designation of an extraordinary proxy, etc. shall include the purpose of the recommendation and the period of designation of the extraordinary proxy, etc.

(2) Where the family members of a former President recommend an extraordinary proxy, etc. pursuant to paragraph (1), the family members shall recommend one person by consensus: Provided, That if there is no consensus, the recommendation shall be made in the following order, but if there are multiple people with the same rank, the senior person shall make the recommendation:

1. The spouse;

2. Lineal relatives by blood;

3. Siblings;

4. A person who shares a living with the former President among the spouses of lineal blood relatives;

5. A person who shares a living with the former President among the lineal blood relatives of the spouse;

6. A person who shares a living with the former President among the siblings of the spouse.

(3) Upon receipt of a written request for the designation of an extraordinary proxy, etc. under paragraph (1), the head of the Presidential Archives shall designate an extraordinary proxy, etc. after deliberation by the special committee within 45 days from the date of receipt of the written request, and notify the family members of the former President and the designated extraordinary proxy, etc. of the results thereof: Provided, That the period may be extended only once by up to 45 days where necessary for deliberation, etc. by the special committee.

(4) The head of the Presidential Archives may withdraw the designation of an extraordinary proxy, etc. after deliberation by the special committee in any of the following cases:

1. Where the family members of the former President who recommended the extraordinary proxy, etc. withdraw the recommendation;

2. Where the extraordinary proxy, etc. is sentenced to imprisonment without labor or heavier punishment declared by the court in a criminal case and is serving that sentence;

Article 10-7(Scope and Methods of Perusal by Designated Extraordinary Proxy in Cases of Death of Former Presidents) #

An extraordinary proxy, etc. may peruse, etc. Presidential records (excluding confidential records) produced and received by the relevant former President when he or she was elected and during his or her term of office as President pursuant to Article 18 (1) 1 and 3 of the Act: Provided, That perusal, etc. of Presidentially designated records (excluding confidential records) pursuant to Article 18 (1) 1 and 3 of the Act may be allowed only in any of the following cases:

1. Personal information relating to a former President and his or her family members in cases where it is deemed impossible to verify the relevant information without the relevant Presidentially designated records;

2. Where an application for perusal, etc. is filed for the relief of rights of a former President and his or her family members and it is deemed impossible to verify the relevant information without the relevant Presidentially designated records;

3. Where an application for perusal, etc. is filed for the publication of a biography of a former President and it is deemed impossible to verify the relevant information without the relevant Presidentially designated records.

[This Article Wholly Amended on Aug. 8, 2023]

Article 10-8(Request for Rescission of Designation of Presidentially Designated Records by Former Presidents) #

(1) Where former President requests the rescission of the designation of the protection period of Presidentially designated records pursuant to Article 18-2 (1) of the Act, he or she shall submit a list of relevant Presidentially designated records and the grounds for the rescission thereof to the head of the Presidential Archives in a written request prescribed by the head of the Presidential Archives.

(2) Where the head of the Presidential Archives receives a request for rescission of designation prescribed in paragraph (1), he or she shall determine whether to rescind the designation subject to deliberation by the special committee within 30 days after receipt of the request, and notify the former President of the results thereof.

[This Article Newly Inserted on Mar. 9, 2021]

Article 10-9(Support for Presidential Record Creation Institutions in Perusal) #

(1) "Cases prescribed by Presidential Decree" in Article 18-3 of the Act means cases where the head of a Presidential record creation institution deems it necessary for the support for the duties of the President or for providing security or advice to the President and where it is impossible to verify the relevant information except by means of perusal, etc. of Presidential records.

(2) Where the head of a Presidential record creation institution makes perusal pursuant to Article 18 (1) 2 of the Act under Article 18-3 of the Act, the head of the Presidential Archives shall consult in advance with the head of the Presidential record creation institution to determine the methods, period, etc. of perusal.

[This Article Newly Inserted on Mar. 9, 2021]

Article 11(Declassification of Confidential Records and Extension of Protection Period) #

(1) When the protection period of confidential records expires, the head of the Presidential Archives shall declassify such records by December 31 of the year in which the date the protection period expires, subject to deliberation by the special committee, pursuant to Article 20 (1) of the Act. <Amended on Feb. 4, 2010>

(2) Notwithstanding paragraph (1), after deliberation by the special committee, the head of the Presidential Archives may extend the protection period of confidential records the continued protection of which is deemed to be required, before the expiry of the protection period. In such cases, the head of the Presidential Archives shall, every five years from the date he or she grants an extension of the protection period, determine whether to extend the protection period, subject to deliberation by the special committee. <Amended on Feb. 4, 2010>

(3) Notwithstanding paragraphs (1) and (2), the head of the Presidential Archives shall reclassify confidential records with a protection period of more than 30 years, by December 31 of the year marking the 30 year anniversary of the first designation of the protection period, subject to deliberation by the special committee. In such cases, none of the following records shall be declassified: <Amended on Feb. 4, 2010>

1. Effective wartime plans or contingency plans;

2. Matters that may critically endanger the national security, such as national defense, foreign affairs, or reunification;

3. Matters concerning sources, means or techniques of intelligence activities including identity information;

4. Matters concerning national encryption systems;

5. Matters that could violate any statute, treaty or international agreement due to their declassification.

(4) The head of the Presidential Archives shall re-designate the protection period of records not declassified pursuant to the latter part of paragraph (3) after deliberation by the special committee. In such cases, the head of the Presidential Archives shall, every five years from the date he or she re-designates the protection period, determine whether to declassify such confidential records or to extend the protection period following deliberation by the special committee. <Amended on Feb. 4, 2010>

Article 11-2(Management Measures of Presidential Records in Presidential Vacancy) #

Where the Presidency becomes vacant, the head of the Presidential Archives shall take the following measures with regard to Presidential record creation institutions pursuant to Article 20-2 (2) of the Act:

1. Request for prohibition of the movement, reclassification, etc. of Presidential records;

2. On-site inspections;

3. Restriction on access to where records are maintained, such as libraries and computer rooms, and request for strengthening control over access thereto;

4. Requests for preparation and submission of a list of Presidential records subject to transfer under Article 20-2 (1) of the Act.

[This Article Newly Inserted on Mar. 9, 2021]

Article 12(Matters concerning Operation of Presidential Archives) #

(1) Where the head of the Presidential Archives establishes an exhibition hall, library, research support center, etc. pursuant to Article 24 (2) of the Act, he or she may provide diverse exhibition and educational programs, research and utilize Presidential records via exchanges with domestic and overseas agencies related to the management of Presidential records, or support such activities.

(2) When the head of the Presidential Archives acquires Presidential records and arranges them in a stack room pursuant to Article 11 (1) of the Act, he or she shall arrange them according to classification by President, form of records, source, etc.

(3) Where the head of the Presidential Archives operates an exhibition hall, etc. pursuant to paragraph (1), he or she may arrange a different exhibition space, etc. according to the volume of the former Presidential records transferred, collected, or donated.

(4) The head of the Presidential Archives shall preserve and manage electronic Presidential records in a separate storage place and shall preserve and manage non-electronic Presidential records in a separate exclusive stack room, facilities, etc.

(5) Where a meeting of the special committee is held, the head of the Presidential Archives shall report the present status of major affairs of the Presidential Archives to the special committee. <Amended on Feb. 4, 2010>

(6) The head of the Presidential Archives shall formulate and implement a detailed operational plan to operate the Presidential Archives efficiently.

Article 13(Standards for Construction of Facilities of Individual Presidential Archives) #

"Standards prescribed by Presidential Decree" in Article 25 (2) of the Act means the following: <Amended on Mar. 9, 2021>

1. The total area of a building to be constructed shall not exceed 5,000 square meters;

2. The location of a site for a building to be constructed shall not be either of the following:

(a) A flood-prone area;

(b) An area susceptible to fire or explosion;

3. Facilities, equipment, etc. shall meet the standards for facilities, equipment, and environment of the permanent records management agency provided in attached Table 6 of the Enforcement Decree of the Act on the Management of Public Archives.

Article 14(Preservation and Restoration of Private Records) #

(1) The head of Presidential Archives shall continuously inspect the management conditions of private records collected and managed pursuant to Article 26 of the Act lest such private records should be destroyed or damaged, and where necessary, he or she may preserve or restore the relevant private records.

(2) The head of Presidential Archives may reprint or reproduce copies of private records which are highly worth preserving among the private records collected and managed pursuant to Article 26 of the Act.

(3) Where the head of Presidential Archives intends to preserve, restore, reprint or reproduce copies of private records pursuant to paragraph (1) or (2), he or she shall obtain consent from the owner of private records whose ownership has not been transferred to the Presidential Archives.

[This Article Newly Inserted on Jul. 19, 2016]

[Previous Article 14 moved to Article 15 <Jul. 19, 2016>]

Article 15(Criteria for Compensation for Private Records) #

(1) Where the relevant President and an interested person request compensation for collection in the process of collecting private records pursuant to Article 26 (3) of the Act, the head of the Presidential Archives shall entrust price appraisal to at least two professional appraisers in the related field. In such cases, he or she may select one professional appraiser recommended by such President or interested person.

(2) The head of the Presidential Archives shall calculate the amount of compensation based on the arithmetic mean value of the appraisal conducted by each professional appraiser and determine the amount of compensation after deliberation by the special committee. <Amended on Feb. 4, 2010>

(3) Where no professional appraiser under paragraph (1) is available, the head of the Presidential Archives determines the amount of compensation after deliberation by the special committee. <Amended on Feb. 4, 2010>

[Moved from Article 14 <Jul. 19, 2016>]