KOREA
-----------------------------------------------------------------------------------------------------------------Fundamental Law on Volunteering
(promulgated on August 4, 2005)
Article 1.( Purpose)
This law is to contribute to the promotion of volunteering and building happy community by prescribing fundamental matters with respect to volunteering.
Article 2 (Fundamental Direction)
Volunteer promotion policy should fundamentally be directed toward following matters. 1. Volunteer activities should be carried out in the direction of enhancing citizen's ability of cooperative participation.
2. Volunteer activities should be carried out under the principle of voluntary, non-paid, non-profitable, public interest, non- political partisan and non-denominational.
3. All citizens whoever it is should irrespective of age, gender, disability, region, educational and social background be led to participate in volunteering.
4. The volunteer policy should be executed under the fundamental spirit of civil/public cooperation. Article 3. (Definition of Term)
Definition of term used in this law is as follows: 1. "Volunteer activity" shall mean action of providing time and efforts voluntarily by individual or organization for the sake of community, the State and human society ...without any returns.
2. "Volunteer" shall mean those who engage in volunteering.
3. "Volunteer Organization" shall mean non-profit incorporation, or organization established for the purpose of mainly doing and supporting volunteering.
4. "Volunteer Center" shall mean organization, incorporation, agency established by law and provision and so forth in order to carry out such programs as development, encouragement, linkage and cooperation and so forth for volunteering. Article 4. (Accountability of the State and Local Self-governing Body)
The State and local self-governing body should by taking measures on the promotion of volunteering encourage and support citizen's volunteering. Article 5. (Duty of Political Activity Prohibition and so forth)
(1) Organization and Volunteer Center which receive support based on the article 14. 18 and 19 shall not under the name of the organization or its representative engage in political campaign for specific person and political party.
(2) "Political Campaign" shall mean as per the provision under paragraph 1 article 54 of [Public Duty Election and Rigged Election Prevention Law]. Article 6. (Relative to Other Laws)
Regarding the promotion of volunteering and so forth it complies with this law unless otherwise prescribed by special law. Article 7. (Scope of Volunteer Activity)
The scope of volunteer activity to be applied to this law shall be as follows. 1. Activities for the promotion of social welfare and health.
2. Activities for community development﹛and growth.
3. Activities for environment preservation and conservation of nature.
4. Activities for the protection of the right for the vulnerable social class, and youth upbringing and protection.
5. Activities for education and counselling.
6. Activities for realization of peace and human right advocacy.
7. Activities for crime prevention and proper guidance.
8. Activities for traffic and basic public order guidance.
9. Activities for disaster management and relief.
10. Activities for the promotion of culture, tourism, arts and sports.
11. Activities for corruption prevention and consumer protection.
12. Activities for clear election.
13. Activities for oversea service and international cooperation.
14. Activities for assisting office work for public administration area.
15. Other activities for execution of public interest work and the promotion of resident's welfare. Article 8. (Volunteer Promotion Committee)
(1) Volunteer Promotion Committee comprising ministers of ministries concerned and civilian professionals shall be established in order to confer important policy under the control of prime minister.
(2) Volunteer Promotion Committee shall confer following matters.
1. Setting the direction of policy for volunteer promotion, cooperation and coordination.
2. Matters concerning fundamental plan and execution plan by year.
3. Matters related to the improvement of volunteer promotion system.
4. Other matters necessary for the promotion of volunteering.
(3) Working Committee shall be established in order to review in advance matters to be deliberated as per provisions of paragraph 2 and to arrange matters to be conferred within ministries concerned.
(4) Matters necessary for composition, organization and operation of the Volunteer Promotion Committee and Working Committee shall be prescribed by Presidential Decree. Article 9. (Planning of National Fundamental Plan for the Promotion of Volunteering and so forth)
Minister of Ministry of Government Administration and Home Affaires shall make national fundamental plan for the promotion of volunteering (hereinafter referred to 'fundamental plan') every 5 years in deliberation with other central administrative agencies concerned. (1) The following matters should be included in the fundamental plan.
1. Basic direction for the promotion of volunteering.
2. Execution schedule on the promotion of volunteering.
3. Execution policy of central administrative agencies concerned on the promotion of volunteering.
4. Way of raising fund needed for the promotion of volunteering.
5. Other matters recognized to be specially important for the promotion of volunteering. Article 10. (Drawing up Enforcement Plan by Year)
Head of central administrative agency and local self-government body should work out enforcement plan by year and execute it in accordance with fundamental plan. Article 11. (Encouragement of School and Workplace Volunteering)
(1) Schools shall endeavor to encourage, lead and manage student volunteering.
(2) Workplace shall endeavor to facilitate employee volunteering.
(3) Head of school and workplace may recognize volunteer contribution of student and employee. Article 12. (Award)
The State and local self-government body may award outstanding volunteer service for the nation and society as per provision under Presidential Decree. Article 13. (Volunteer Day and Volunteer Week)
(1) The State shall in order to facilitate citizens to participate in volunteering and to stir up volunteers' morale designate December 5 as Volunteer Day and Volunteer Week for one week from Volunteer Day.
(2) Matters necessary for the event of Volunteer Day and Volunteer Week shall be prescribed by Presidential Decree. Article 14. (Volunteer Protection)
(1) The State and local self-government shall endeavor to secure safe environment in carrying out volunteer activity.
(2) Regarding matters necessary for kinds and contents of protection such as insuring and so forth shall be prescribed by Presidential Decree. Article 15. (Management of Volunteering)
Volunteer organization and volunteer center should endeavor for systematic management of education, training and safety measures for volunteer. Article 16. (Utilization of the State and Public Property)
Irrespective of provisions under the State Property Law or Local Financial Law, the State and local self-government body may allow free utilization or rent-free of the State-owned property when recognized that volunteer organization and volunteer center are in need of the State property in carrying out specific project prescribed under Presidential Decree for the promotion of volunteering. Article 17 (Korea Council of Volunteering)
(1) In order to promote and facilitate following activities at national level, volunteer organizations may establish Korea Council of Volunteering.
1. Cooperation and supporting project among member organizations.
2. Public relation activity for citizens for the promotion of volunteering and international cooperation.
3. Development of policy, research and study related to volunteering.
4. Suggestion of policy with regard to volunteering.
5. Network of information and support related to volunteering.
6. Other projects entrusted by the State or local self-government body in order to promote volunteering.
(2) Korea Council of Volunteering as per provision under paragraph 1 should be incorporated.
(3) Korea Council of Volunteering shall be established with registration by obtaining approval from Minister of Ministry of Government Administration and Home Affairs after drawing up by-law.
(4) Necessary matters with regard to organization and operation of the Korea Council of Volunteering shall be prescribed by Presidential Decree. Article 18. (Support for Volunteer Organization)
The State and local self-government body may provide administrative support needed for volunteering, and according to [Non-profit Civil Organization Support Law] undertaking expense may be supported. Article 19. (Establishment and Operation of Volunteer Center)
(1) The State and local self-government body may establish volunteer center. In this case the center shall be either incorporated or entrusted to the legal entity. Article 20. (Punitive Provision)
When volunteer organization and volunteer center violate prohibition duty of political activity as per article 5, punitive provision shall be applied under﹛item 11, paragraph 1 of article 255 of [Law of Public Office Election and Prevention of Injustice Election] Addendum (1) (Enforcement Date) This law shall be executed after 6 months from the date of promulgation.
(2) (Proceeding Measures Regarding Korea Council of Volunteering Inc.) Korea Council of Volunteering Inc. established according to provision under article 32 of [Civil Law] at the time of enforcement of this law shall be recognized as Korea Council of Volunteering established by this law. The Council must obtain approval within 6 months from Minister of Government Administration and Home Affairs after enforcement of this law. Relative Laws: Public Office Election and Election Iniquity Prevention Law. Article 58 (Definition and so forth)
(1) "Election Campaign" in this law shall mean action to be elected or to induce to be elected or defeated. However, simple expression of opinion over election, expression of intention, preparatory activity for candidacy and election campaign or ordinary political party activity shall not be considered as election campaign. Article 255 (Crime of Rigged Election Campaign)
(1) Those who come under following each paragraph shall subject to imprisonment of not more than 3 years or fine not more than 6 million Won. (amended December 30, 2005. Nov. 11, 1997. April 30, 1998)
(II) Those who stand by or against specific candidate or political party, and canvassing to stand by or against in violation of article 87 of (Election Campaign Prohibition by Organization). ================================================================================================================= ﹛
Translated by: Lee Dae Kun Director, Korea Volunteer Academy/FOVE
Federation of volunteer Efforts in Korea, Inc.
AVA Board Member BY CORAL | 
