Article 1(Purpose) #
The purpose of this Act is to contribute to the enhancement of the National Assembly’s policy capacity and to national development by establishing the National Assembly Futures Institute, forecasting and analyzing changes in the future environment, and formulating strategies for the nation’s mid- and long-term development.
Article 2(Legal personality) #
The National Assembly Futures Institute (hereinafter referred to as the "NAFI") shall be a corporation.
Article 3(Establishment) #
(1) The NAFI shall be established at the time it registers such establishment at the location of its main office.
(2) Matters regarding the registration of establishment of the NAFI under paragraph (1) shall be as follows:
1. Purpose;
2. Name;
3. Location of the main office;
4. Names and addresses of executive officers;
5. Methods of public announcement.
Article 4(Articles of incorporation) #
(1) The articles of incorporation of the NAFI shall include the following:
1. Purpose;
2. Name;
3. Location of the main office;
4. Matters relating to its projects and the execution thereof;
5. Matters relating to assets and accounting;
6. Matters relating to the organizational structure;
7. Matters relating to the composition and operation of the board of directors;
8. Matters relating to executive officers and employees;
9. Matters relating to amendments to the articles of incorporation;
10. Matters relating to the enactment, amendment, and repeal of internal regulations;
11. Matters relating to the methods of public announcement;
12. Matters relating to dissolution.
(2) Any amendments to the articles of incorporation of the NAFI shall require the consent of the National Assembly Steering Committee and shall be subject to authorization by the Speaker of the National Assembly (hereinafter referred to as the "Speaker”).
Article 5(Basic principles for operation of the NAFI) #
(1) The independence and autonomy of the NAFI shall be guaranteed in its operation.
(2) In performing its projects prescribed in Article 13, the NAFI shall secure expertise and maintain political neutrality.
Article 6(Executive officers) #
(1) The NAFI shall have 1 president, not more than 10 directors including the chairperson of the board of directors, and 1 auditor as its executive officers.
(2) The directors, including the chairperson of the board, and the auditor shall serve on a non-standing basis.
(3) The president, directors, and the auditor shall not concurrently hold one another’s positions.
Article 7(Appointment of executive officers) #
(1) The president shall be appointed by the Speaker with the consent of the National Assembly Steering Committee.
(2) When requesting consent to the appointment of the president under paragraph (1), the Speaker shall first obtain a recommendation from the board of directors. In such cases, the detailed procedures for such recommendation shall be prescribed by the articles of incorporation. When requesting consent to the appointment of the President pursuant to paragraph (1), the Speaker shall first obtain a recommendation from the board of directors. In such cases, the detailed procedures for such recommendation shall be prescribed by the articles of incorporation.
(3) The directors shall be commissioned by the Speaker from among those recommended by each negotiating group, in proportion to the number of seats held in the National Assembly by each such group, and shall include 1 person nominated by the Speaker and 1 person recommended by the non-negotiating groups.
(4) The auditor shall be appointed by the Speaker on the recommendation of the board of directors.
(5) The auditor shall audit the business operations and accounting of the NAFI and report the results to the board of directors.
(6) If an executive officer falls under any of the following cases, the Speaker may dismiss or remove him or her from office in consultation with the floor leader of the negotiating group:
1. Where he or she falls under any subparagraph of Article 9 (2);
2. Where he or she causes damage to the NAFI by violating statutes, regulations, or the articles of incorporation;
3. Where he or she is unable to perform his or her duties for an extended period of time due to physical or mental illness;
4. Where the board of directors makes such request on the grounds that he or she has committed an act impairing dignity or is deemed grossly unqualified, regardless of whether such conduct is related to his or her duties.
Article 8(Term of office of executive officers) #
(1) Each executive officer shall hold office for a term of 4 years, and may be appointed consecutively for further terms.
(2) The term of office of a newly commissioned or appointed executive officer due to a vacancy shall be the remainder of his or her predecessor's term.
(3) An executive officer whose term of office has expired shall continue to perform his or her duties until a successor is commissioned or appointed.
Article 9(Qualifications and grounds for disqualification of executive officers) #
(1) The president and directors shall meet any of the following qualifications:
1. A person with professional knowledge and experience in relevant fields, such as future research, who has worked in such fields for least 10 years;
2. A person who has served for at least 10 years as an assistant professor or higher, or in an equivalent position, at a university or an accredited research institute.
(2) None of the following persons shall be appointed or commissioned as an executive officer:
1. A person under adult guardianship or limited guardianship;
2. A person declared bankrupt and has not yet been reinstated;
3. A person in whose case 5 years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed or exempted;
4. A person in whose case 2 years have not passed since the period of suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court expired;
5. A person who is under suspension of the sentence of his or her imprisonment without labor or heavier punishment declared by a court;
6. A person who has been disqualified or whose qualification has been suspended by a court ruling or by other statutes.
Article 10(President) #
(1) The president shall represent the NAFI, exercise general supervision over its affairs, and direct and supervise its employees.
(2) If the president is unable to perform his or her duties due to any unavoidable cause, an executive officer or employee prescribed by the articles of incorporation shall act on behalf of the president.
Article 11(Board of directors) #
(1) The board of directors shall be established in the NAFI to deliberate and resolve on the following matters:
1. Amendment to the articles of incorporation under Article 4 (2);
2. Recommendation of candidates for president under Article 7 (2);
3. Request for dismissal or removal from office of an executive officer under Article 7 (6) 4;
4. Selection of research tasks under Article 14 (2);
5. Preparation of a budget request and a project plan and modification of important matters in the budget and project plan under Article 19;
6. Preparation of settlement statements of accounts under Article 20;
7. Other matters prescribed by the articles of incorporation.
(2) The board of directors shall be comprised of directors, including the chairperson. In such cases, the chairperson shall be elected by the board of directors.
(3) The chairperson shall convene meetings of the board of directors and preside over such meetings.
(4) If the chairperson is unable to perform his or her duties due to any unavoidable reason, another director shall act on his or her behalf, as prescribed by the articles of incorporation.
(5) A majority of the directors of the board of directors shall constitute a quorum, and any resolution thereof shall require the concurrent vote of a majority of those present; provided, resolutions on paragraphs (1) 1 and 2 shall require the concurring vote of a majority of all incumbent directors.
Article 12(Operating funds) #
(1) The National Assembly may contribute funds necessary for the operation of the NAFI.
(2) The NAFI shall be operated with the following financial resources:
1. Contributions from the National Assembly under paragraph (1);
2. Other revenues.
Article 13(Projects) #
The NAFI shall perform the following projects to achieve its objectives:
1. Forecasting and analysis of the future environment and formulation of the nation's mid- to long-term development strategies in the following fields; in such cases, such activities shall be limited to research tasks selected under Article 14.
a. Unification, diplomacy, national defense, and international strategy;
b. The nation’s new growth engines;
c. Sustainable development;
d. Improvement of the quality of life for the people;
e. Other fields requiring research for the development of the State and society;
2. Mutual exchange and cooperation with domestic and foreign universities and research institutes.
Article 14(Recommendation and selection of research tasks) #
(1) The Speaker, the Standing Committees, and the Special Committees of the National Assembly may recommend research tasks to the NAFI.
(2) The NAFI shall select research tasks by resolution of its board of directors.
(3) The NAFI shall report the results of the selection of research tasks and the research plans for such tasks to the Speaker and the National Assembly Steering Committee.
Article 15(Methods of conducting research) #
In performing research tasks, the NAFI may conduct joint research with domestic or foreign individuals, corporations, or organizations possessing expertise in the relevant tasks.
Article 16(Request for cooperation in providing data) #
(1) The NAFI may, with the permission of the Speaker, request State agencies, other institutions or organizations to provide data necessary for conducting research.
(2) A person requested to provide data under paragraph (1) shall comply with such request unless there is a compelling reason not to do so.
Article 17(Reporting on research results) #
(1) Upon completion of research tasks, the NAFI shall, without delay, report the results thereof to the Standing Committees and the Special Committees of the National Assembly.
(2) The NAFI shall annually report the progress and results of research tasks to the Speaker and the National Assembly Steering Committee.
Article 18(Business year) #
The NAFI’s business year shall coincide with the fiscal year of the Government.
Article 19(Approval of business plans) #
The NAFI shall prepare a budget request and a business plan for the following business year, submit them to the Speaker after deliberation by the board of directors, and obtain approval therefor from the Speaker, as prescribed by the articles of incorporation. The same shall also apply to any modification of important matters prescribed by the articles of incorporation, among the budget and business plan.
Article 20(Approval of settlement statement of accounts) #
(1) After the end of each business year, the NAFI shall, as prescribed by its articles of incorporation, submit a settlement statement of accounts to the Speaker after deliberation by the board of directors and obtain approval therefor from the Speaker.
(2) The annual settlement statement of accounts under paragraph (1) shall be accompanied by the following documents:
1. Financial statements and their accompanying documents;
2. Other documents necessary to clarify the details of the statement.
Article 21(External audit) #
The NAFI shall undergo an audit conducted by a certified public accountant or an accounting firm designated by the Speaker each business year, and shall publish the results thereof.
Article 22(Appointment and dismissal of employees) #
Employees of the NAFI shall be appointed or dismissed by the president, as prescribed by the articles of incorporation.
Article 23(Gratuitous lending of State property) #
If necessary for the establishment and operation of the NAFI, the State may, in accordance with the Act on Restriction on Special Cases concerning State Property, lend or transfer State property without compensation, or allow the institute to use or profit from such property.
Article 24(Preparation of regulations governing works made for hire) #
(1) The NAFI shall prepare regulations governing works made for hire as defined in subparagraph 31 of Article 2 of the Copyright Act.
(2) The regulations under paragraph (1) shall include matters regarding the scope of works made for hire, the ownership of copyright, etc.
(3) When outsourcing its services to a corporation, organization, or an individual, the NAFI shall include matters regarding the author of the work product and the ownership of copyright therein in a contract.
Article 25(Management and supervision) #
The Secretary General of the National Assembly shall manage and supervise the NAFI’s affairs under the direction of the Speaker.
Article 26(Duty of confidentiality) #
A person falling under any of the following subparagraphs shall not disclose any secrets learned in the course of performing his or her duties or use them for any other purpose:
1. A current or former executive officer or employee of the NAFI;
2. A certified public accountant or an accounting corporation referred to in Article 21;
3. A person who performs or has performed the affairs of the NAFI under outsourcing by the NAFI.
Article 27(Prohibition of use of same name) #
No person, other than a research institute under this Act, shall use the name "National Assembly Futures Institute".
Article 28(Application mutatis mutandis of the Civil Act) #
Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the NAFI.
Article 29(Legal fiction as public officials for purposes of applying penalty provisions) #
Executive officers and employees of the NAFI shall be deemed public officials for the purposes of applying Articles 129 through 132 of the Criminal Act.
Article 30(Penalty provisions) #
Any person who divulges confidential information or uses it for other purposes in violation of Article 26 shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won.
Article 31(Administrative fines) #
(1) Any person who uses the same name, in violation of Article 27, shall be subject to an administrative fine not exceeding 3 million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Secretary General of the National Assembly.