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a subsidiary organ or assisting agency of the Korean National Police Agency or the Korea CoastGuard, and a fire-fighting officer as a subsidiary organ or assisting agency of the NationalEmergency Management Agency under the conditions as prescribed by the Presidential Decree.(8) If it is deemed that the expertism is especially necessary to perform the competent duties,public officials in contractual service may also be appointed to any positions as prescribed by thePresidential Decree within the scope of 20/100 of the public officials by central administrativeagency, notwithstanding paragraphs (6) and (7).(9) The positions equivalent to those provided for in paragraph (6) shall be held by publicofficials who belong to the Senior Civil Service from among the positions of subsidiary organs andassisting agencies of the administrative agencies that are not the central administrative agenciesand the seconded positions (referring to the positions that are held by seconded public officials)of the administrative agencies.(10) Proper position ranks or duty grades shall be given to Assistant Ministers, subsidiary organsand assisting agencies of the central administrative agencies provided for in this Act andadministrative agencies that are not the central administrative agencies.Article 3 (Establishment of Special Local Administrative Agencies)(1) Except as otherwise prescribed by law, each central administrative agency may, if necessary forthe performance of its affairs, have local administrative agencies under its jurisdiction under theconditions as determined by the Presidential Decree.(2) A local administrative agency under paragraph (1) may combinedly carry out the competentaffairs of other related central administrative agencies under the conditions as prescribed by thePresidential Decree, in case where deemed efficient if carried out combinedly, in view of therelevancy of affairs and regional particularities.Article 4 (Establishment of Affiliated Institutions)An administrative agency may, under the conditions as prescribed by the Presidential Decree,establish the institution of experiment and research, of education and training, of culture, ofmedical care, of manufacture, and of advice, in case where deemed necessary for its competentaffairs.Article 5 (Establishment of Representative Administrative Organizations)An administrative agency may establish representative administrative organizations, such as anadministrative committee, if necessary for the independent fulfillment of part of its competentduties under the conditions as determined by law.Article 6 (Delegation or Entrustment of Authority)(1) An administrative agency may delegate part of its competent affairs to its subsidiary organs orsubordinate administrative agencies, or entrust or delegate it to other administrative agencies andlocal governments or their subordinate agencies under the conditions as determined by Acts andsubordinate statutes. In this case, the delegated or entrusted organs may inter alia re-delegate orre-entrust part of their authorities and responsibilities which are delegated or entrusted to theirsubsidiary organs or subordinate administrative agencies where necessary under the conditions asdetermined by Acts and subordinate statutes.(2) Subsidiary organs shall, with respect to the affairs delegated under paragraph (1), carry outthe relevant affairs in the capacity of the administrative agencies within the relevant scope.(3) An administrative agency may entrust matters involving surveys, inspections, verifications, andmanagement, etc., that are not directly related to the rights and duties of citizens, to a juristicperson, an organization which is not a local government, or its agencies or related individuals asdetermined by Acts and subordinate statutes.Article 7 (Authority and Responsibility of Head of Administrative Agency)(1) The head of each administrative agency shall take overall charge of the affairs under hisjurisdiction, and shall direct and supervise his subordinate public officials.(2) A vice minister (including a chief commissioner appointed in political service under Article 25paragraph 2), or a deputy administrator (including the deputy administrator of the Office forGovernment Policy Coordination) shall assist the head of his agency to administer the affairs underhis jurisdiction and to direct and supervise his subordinate officials, and shall act for the headof the agency in case the said head is unable to perform his duties due to an accident: Provided,That when
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the head of an agency having two vice ministers or deputy administrators meets an accident, hisduties shall be performed vicariously according to the order prescribed by the Presidential Decree.(3) Subsidiary organs of each administrative agency shall assist the head, vice minister, or deputyadministrator thereof to administer the affairs under his jurisdiction and to direct and supervisehis subordinate officials.(4) In the case of paragraphs (1) and (2), with respect to the administration belonging to him, hemay directly command the head of relevant administration, in devising important policies.(5) The head of a ministry or agency may request that the Prime Minister coordinate affairs ofother administrative agencies related to affairs under his duties in case where deemed necessary toefficiently promote his affairs.Article 8 (Prescribed Number, etc. of Public Officials)(1) The kinds and prescribed number of public officials to be posted at each administrative agency,the positions that are held by public officials who belong to the Senior Civil Service and theprescribed number of public officials who belong to the Senior Civil Service, standards andprocedures for the posting of public officials, and other necessary matters shall be determined bythe Presidential Decree: Provided, That the case of posting public officials in political serviceat each administrative agency (excluding public officials in political service posted at thePresidential Secretariat) shall be prescribed by law.(2) In case of paragraph (1), if it is deemed efficient that the prescribed number of two or moreadministrative agencies is combinedly managed, such prescribed number may be determined bycombining it.Article 9 (Concurrent Budgetary Measures)When an administrative agency or its subordinate organization is newly established or theprescribed number of public officials is increased, budgetary measures shall be concurrently taken.Article 10 (Government Delegates)The Chief and Deputy Administrators of the Prime Minister’s Office, Vice Ministers under Ministersfor Special Affairs, Ministers, Vice Ministers, Administrators, Deputy Administrators, DeputyMinisters, Director Generals of bureaus, and Assistant Ministers of the Ministries, Ministries atthe Agencies-Ministerial level and Administrations at the vice Ministerial level, and ChiefCommissioners of the Ministry of Foreign Affairs and Trade, shall be government delegates.CHAPTER II PRESIDENTArticle 11 (President’s Supervisory Powers on Administration)(1) The President as the head of the Government shall direct and supervise the heads of all centraladministrative agencies according to Acts and subordinate statutes.(2) The President may suspend or cancel any order or disposition by the Prime Minister or the headsof central administrative agencies when deemed unlawful or unjust.Article 12 (State Council)(1) The President as the Chairman of the State Council shall convene and preside over the meetingsof the State Council.(2) Where the Chairman is unable to perform his official duties due to an accident, the PrimeMinister as the Vice-Chairman shall act as Chairman, and where both the Chairman and theVice-Chairman are unable to perform their official duties due to an accident, the members of theState Council shall act as Chairman in the order referred to in Article 22 (1).(3) Members of the State Council shall be appointed in political civil service, and may submitbills to the Chairman and request that a meeting of the State Council be held.(4) Matters necessary for the operation of the State Council shall be determined by thePresidential Decree.Article 13 (Right to Attend State Council Meetings and Present Bills)(1) The Chief of the Prime Minister’s Office, the Minister of Government Legislation, the Ministerof the Patriots and Veterans Affairs, other public officials as determined by law may attend theState Council and take the floor as necessary.
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(2) Those public officials referred to in paragraph (1) may, with respect to their official duties,recommend that the Prime Minister present their proposed bills to the State Council.Article 14 (Office of the President)(1) The Office of the President shall be established to assist the President in performing hisofficial duties.(2) The Chief of Staff shall be assigned to the Office of the President, and he shall be appointedin political service.(3) A special department to escort the President, etc. shall be established in the Office of thePresident.(4) The organization and scope of functions of and other necessary matters for the specialdepartment referred to in paragraph (3) shall be separately determined by law.Article 15 (National Intelligence Service)(1) A National Intelligence Service shall be established under the President to handle the dutiespertaining to information, protection of public peace and criminal investigation related tonational security.(2) The organization and scope of functions of the National Intelligence Service and othernecessary matters shall be determined by law.CHAPTER III Prime MinisterArticle 16 (Prime Minister’s Supervisory Powers on Administration)(1) The Prime Minister shall direct and supervise the heads of central administrative agenciesunder orders of the President.(2) The Prime Minister may suspend or cancel any order or disposition by the heads of centraladministrative agencies upon approval by the President when deemed unlawful or unjust.Article 17 (Minister for Special Affairs)(1) One member of the State Council (hereinafter referred to as “Minister for Special Affairs”) maybe established to perform affairs specially designated by the President or affairs speciallyinstructed by the Prime Minister under orders of the President.(2) A Vice Minister shall be assigned under the Minister for Special Affairs, and he shall beappointed in political service.(3) Public Officials necessary to assist the Minister for Special Affairs shall be assigned.Article 18 (Prime Minister’s Office)(1) The Prime Minister’s Office shall be established under the Prime Minister to assist him withrespect to the administrative direction and supervision, the management of social risk andconflict, and the review, evaluation, and regulation reform of each central administrative agency.(2) A Chief (Minister) shall be assigned to the Prime Minister’s Office, and he shall be appointedin political service.(3) The Vice Minister for Government Policy and the Vice Minister for General Affairs shall beassigned to the Prime Minister’s Office, and each shall be appointed in political service.Article 19 (Execution of Prime Minister’s Official Duties on His Behalf)If the Prime Minister is unable to perform his official duties due to an accident, the member ofthe State Council designated by the President, if designated, or any member in the order referredto in Article 22 (1), if not designated, shall perform their official duties.Article 20 (Ministry of Government Legislation)(1) The Ministry of Government Legislation shall be established under the Prime Minister toprofessionally take charge of the review of draft Acts, draft subordinate statutes and drafttreaties to be laid before the State Council, draft Ordinances of the Prime Minister, MinisterialOrdinances, and other affairs on legislation.(2) A Minister and a Vice Minister shall be assigned to the Ministry of Government Legislation, andthe Minister shall be appointed in political service and the Vice Minister shall be appointed as astate public official in extraordinary civil service who belongs to the Senior Civil Service.
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Article 21 (Ministry of Patriots and Veterans Affairs)(1) The Ministry of Patriots and Veterans Affairs shall be established under the Prime Minister totake charge of the affairs on merit reward for persons of distinguished service to the State andtheir bereaved family members, and compensation, protection and welfare promotion of veterans.(2) A Minister and a Vice Minister shall be assigned to the Ministry of Patriots and VeteransAffairs, and the Minister shall be appointed in political service and the Vice Minister shall beappointed as a state public official in extraordinary civil service who belongs to the Senior CivilService.CHAPTER IV EXECUTIVE MINISTRIESArticle 22 (Executive Ministries)(1) The President shall exercise general control over the following executive Ministries: