Article 1(Purpose) #
The purpose of this Act is to contribute to the sustainable development of agriculture and rural communities by providing for matters necessary for the establishment of the National Agricultural Museum of Korea, which exhibits, educates, and allows experiential learning regarding relics and historical materials, in order to widely publicize the public interest functions of agriculture and rural communities.
Article 2(Legal personality) #
The National Agricultural Museum (hereinafter referred to as the "Museum") shall be a corporation.
Article 3(Establishment) #
(1) The Museum shall be established upon completion of registration of its incorporation at the location of its principal office.
(2) The matters to be registered under paragraph (1) shall be as follows:
1. Objectives;
2. Name;
3. Offices;
4. Date of permission for establishment;
5. In cases where the period of existence or the grounds for dissolution are determined, such period or grounds.
(3) Except as provided by this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the registration of the Museum.
Article 4(Articles of incorporation) #
(1) The articles of incorporation of the Museum shall set forth the following matters:
1. Objectives;
2. Name;
3. Location of the principal office;
4. Matters concerning its business affairs and execution thereof;
5. Matters concerning its property and accounting;
6. Matters concerning its organization and affiliated institutions;
7. Matters concerning its officers and employees;
8. Matters concerning the board of directors;
9. Matters concerning amendments to the articles of incorporation;
10. Matters concerning the method of public announcement.
(2) Any amendment to the articles of incorporation of the Museum shall require a resolution of the board of directors adopted by the affirmative vote of at least 2/3 of the total number of incumbent directors and authorization of the Minister of Agriculture, Food and Rural Affairs.
Article 5(Projects) #
(1) The Museum shall perform the following projects:
1. Formulating and implementing a master operational plan and a mid- to long-term development plan for the Museum;
2. Collecting, preserving, managing, investigating, researching, exhibiting, providing hands-on experience with, and educating on relics and historical materials concerning the history and culture of agriculture and rural communities (hereinafter referred to as "Museum materials") and matters concerning future agriculture;
3. Promoting and utilizing Museum materials, etc., and producing and distributing various publications related thereto;
4. Engaging in domestic and international exchanges and cooperation related to Museum projects;
5. Operating exhibition and hands-on experience facilities, etc. of the Museum and developing and operating educational or hands-on experience programs;
6. Conducting profit-making business to raise operating funds within the scope of the purpose of establishment of the Museum;
7. Performing business affairs incidental to the projects specified in subparagraphs 1 through 6;
8. Performing other business affairs entrusted by the Minister of Agriculture, Food and Rural Affairs.
(2) The Museum shall obtain approval from the Minister of Agriculture, Food and Rural Affairs to conduct profit-making business under paragraph (1)6.
Article 6(Executive officers) #
(1) The Museum shall have, as its executive officers, 1 Museum Director, 3 standing directors, up to 7 non-standing directors, and 1 auditor.
(2) The Museum Director shall serve on a full-time basis, and the auditor shall serve on a non-standing basis.
(3) The Minister of Agriculture, Food and Rural Affairs shall appoint and dismiss the Museum Director, as prescribed by the articles of incorporation, and the appointment and dismissal of standing directors, non-standing directors, and the auditor shall be governed by the articles of incorporation.
Article 7(Terms of office of executive officers) #
(1) The term of office of each executive officer shall be 3 years, and such officer may be reappointed in one-year increments.
(2) The term of office of an executive officer appointed due to the resignation or other vacancy of an executive officer shall commence anew.
Article 8(Duties of executive officers) #
(1) The Museum Director shall represent the Museum, exercise overall control over its business affairs, and direct and supervise its employees.
(2) If the Museum Director is unable to perform his or her duties due to any unavoidable reason, an executive officer prescribed by the articles of incorporation shall act on behalf of the Museum Director.
(3) Directors shall attend meetings of the board of directors and deliberate on matters referred to the board of directors.
(4) The auditor shall audit matters concerning the accounting and business operations of the Museum.
Article 9(Disqualifications for executive officers) #
(1) No person who falls under any of the following shall become an executive officer of the Museum:
1. A person who falls under any subparagraph of Article 33 of the State Public Officials Act;
2. A person for whom 3 years have not passed since the date he or she was dismissed under Article 22(1), Article 35(2) or (3), Article 36(2), or Article 48(4) or (8) of the Act on the Management of Public Institutions.
(2) If an executive officer falls under any subparagraph of paragraph (1), or is found to have fallen under any such subparagraph at the time of appointment, he or she shall naturally retire.
(3) Any act in which an executive officer who retires pursuant to paragraph (2) has been involved before his or her retirement shall not lose its effect.
Article 10(Board of directors) #
(1) The Museum shall have a board of directors to deliberate and resolve on important matters of the Museum.
(2) The board of directors shall be comprised of directors, including the chairperson.
(3) The Museum Director shall be the chairperson of the board of directors, and if the chairperson of the board of directors is unable to perform his or her duties due to any unavoidable reason, an executive officer prescribed by the articles of incorporation shall act on behalf of the chairperson.
(4) The chairperson of the board of directors may convene a meeting of the board of directors when he or she deems it necessary; provided, if at least 1/3 of the incumbent directors request such meeting, or the auditor requests such meeting to report the results of an audit on unlawful or unjust matters, the chairperson shall convene a meeting of the board of directors.
(5) The board of directors shall pass resolutions with the affirmative vote of a majority of the incumbent directors.
(6) The auditor may attend the board of directors and state his or her opinion if necessary in connection with his or her duties.
Article 11(Financial resources) #
(1) Expenses necessary for the projects and operation of the Museum shall be covered by the following financial resources:
1. Contributions from the State under paragraph (2);
2. Contributions or donations from individuals, corporations, or organizations under paragraph (3);
3. Borrowings (provided, in cases of long-term borrowings, approval from the Minister of Agriculture, Food and Rural Affairs is required);
4. Revenue generated from the operation of the Museum;
5. Other revenue.
(2) The State may contribute funds necessary for the projects and operation of the Museum within the budget.
(3) Individuals, corporations, or organizations may contribute or donate money or other property to the Museum to support the operation of the Museum.
(4) If the Museum receives any donation under paragraph (3), it may accept such donation notwithstanding the Act on Collection and Use of Donations.
(5) Matters necessary for procedures for accepting donated money or goods under paragraphs (3) and (4) shall be prescribed by Presidential Decree.
Article 12(Lending and use of State-owned or public property) #
(1) Where the State or a local government deems it necessary for the establishment and operation of the Museum, the State or local government may, notwithstanding the State Property Act and the Public Property and Commodity Management Act, gratuitously lend, allow the use of, or allow the profit from State-owned property or public property to the Museum under Article 2, or sell such property thereto.
(2) Where public property is lent, used, or profited from pursuant to paragraph (1), the relevant period may be up to 20 years, notwithstanding Articles 21(1) and 31(1) of the Public Property and Commodity Management Act. In such cases, the period may be renewed, and each renewal period shall not exceed 20 years.
Article 13(Business year and business plans) #
(1) The business year of the Museum shall coincide with the fiscal year of the Government.
(2) The Museum Director shall prepare a business plan and budget before the commencement of each business year and obtain approval therefor from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree. The same shall apply where he or she intends to amend them.
(3) The Museum Director shall report to the Minister of Agriculture, Food and Rural Affairs, within 2 months after the end of each fiscal year, a report stating the business performance for that fiscal year and a statement of settlement of revenues and expenditures audited by a certified public accountant (including an accounting corporation under Article 23 of the Certified Public Accountant Act) and resolved by the board of directors, as prescribed by Presidential Decree.
Article 14(Supporters' association) #
(1) The Museum may establish a supporters' association for its smooth operation.
(2) The supporters' association may receive support funds from its members or collect articles necessary for the Museum.
(3) The supporters' association shall transfer the support funds received or articles collected pursuant to paragraph (2) to the Museum.
(4) Matters necessary for the organization, operation, etc. of the supporters' association shall be prescribed by Presidential Decree.
Article 15(Entrustment and management of Museum materials) #
(1) The State may entrust the management of Museum materials managed by the Minister of Agriculture, Food and Rural Affairs at the time of the establishment of the Museum for the professional preservation and research of such materials, notwithstanding the Commodity Management Act.
(2) Executive officers and employees who perform duties to manage Museum materials owned by the Museum or entrusted by the State for management pursuant to paragraph (1) shall perform such duties with the care of a good manager, in addition to complying with statutes, regulations, and relevant rules concerning the management of Museum materials.
Article 16(Request for provision of materials) #
The Museum Director may request relevant administrative agencies, educational institutions, research organizations, or other relevant persons to allow the inspection, copying, lending, entrusted exhibition, etc. of materials related to agricultural culture and agriculture.
Article 17(Request for detail of public officials) #
(1) Where particularly necessary to perform his or her duties, the Museum Director may request the head of a relevant administrative agency or educational institution to detail public officials, etc. under his or her jurisdiction, with approval from the Minister of Agriculture, Food and Rural Affairs.
(2) The head of a relevant administrative agency or educational institution who receives a request to detail public officials, etc. pursuant to paragraph (1) may detail public officials, etc. under his or her jurisdiction to the Museum.
Article 18(Supervision) #
(1) The Minister of Agriculture, Food and Rural Affairs shall provide guidance to and supervise the Museum and, where he or she deems it necessary, may make recommendations or issue orders to the Museum concerning its projects.
(2) The Minister of Agriculture, Food and Rural Affairs shall conduct an operational evaluation of the Museum in accordance with the standards, procedures, etc. prescribed by Presidential Decree and take necessary measures according to the results thereof.
(3) Where the Minister of Agriculture, Food and Rural Affairs deems it necessary, he or she may require the Museum to report on matters concerning its affairs, accounting, and property, or inspect such matters.
Article 19(Preservation of surrounding landscape) #
Where the head of a local government intends to grant a building permit under Article 11 of the Building Act for an area surrounding the Museum within the scope prescribed by ordinance, he or she shall take appropriate measures to preserve the surrounding landscape.
Article 20(Duty to maintain confidentiality) #
A current or former executive officer or employee of the Museum must not divulge or misappropriate any confidential information learned in the course of performing his or her duties.
Article 21(Prohibition on use of similar names) #
No person other than the Museum under this Act must use the name "National Agricultural Museum" or any name similar thereto.
Article 22(Application mutatis mutandis) #
Matters concerning the Museum not prescribed by this Act shall be governed mutatis mutandis by the provisions of the Civil Act concerning incorporated foundations.
Article 23(Legal fiction as public officials for purposes of applying penalty provisions) #
Executive officers and employees of the Museum shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
Article 24(Penalty provisions) #
A person who divulges or misappropriates any confidential information learned in the course of performing his or her duties, in violation of Article 20, shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won.
Article 25(Administrative fines) #
(1) An administrative fine not exceeding 5 million won shall be imposed on a person who uses the name "National Agricultural Museum" or any name similar thereto in violation of Article 21.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.