Articles of Incorporation of the Korea FTA Origin Research Association
March 29, 2023
Chapter 1 General Provisions
Article 1 (Name) This research association shall be called the The Korean Study Group on the FTA Rules of Origin(abbreviated as KSFTARO, hereinafter referred to as “Association”).
Article 2 (Purpose) The purpose of this Association is to contribute to the development of relevant laws and administrative systems by promoting the academic achievements of its members and cultivating their expertise through academic research in the field of FTA rules of origin.
Article 3 (Office) The office of this Association shall be located in Seoul.
Article 4 (Activities) To achieve the purpose set forth in Article 2, this Association shall conduct the following activities:
1. Research and studies for the improvement of FTA legal systems and related administration.
2. Hosting research presentations, lectures, and academic conferences.
3. Publication of journals, case studies, and other materials.
4. Conducting other necessary activities to achieve the Association's objectives.
Chapter 2 Members
Article 5 (Members) Members of this Association shall be persons who fall under any one of the following and have obtained approval from the Board of Directors:
1. Persons currently employed or formerly employed by the Ministry of Economy and Finance, the Ministry of Trade, Industry and Resources, the Korea Customs Service, or Customs offices, who are administrative experts in the field of FTA origin.
2. Individuals currently teaching or having taught relevant subjects such as customs law, international trade law (or studies), or FTA origin rules at universities or other educational institutions
3. Individuals who have provided legal advisory services in the customs field for five years or more at a law firm, Customs firm, or accounting firm, and who hold the qualification of a customs broker or certified public accountant
4. Individuals holding a doctoral degree in customs law, international trade law, economics, etc. (including those expected to obtain such a degree)
5. Individuals holding the position of judge or prosecutor, and individuals holding the qualification of attorney
Article 6 (Membership Application) Individuals meeting the qualifications under Article 5 who wish to join this Association shall submit the prescribed membership application form, and the Board of Directors shall decide on their admission by resolution.
Article 7 (Rights and Duties of Members) ① Members may freely participate in all activities of the Association.
② Members shall have the following rights:
1. Voting rights at the General Assembly
2. The right to vote for and be elected as President and Auditor
3. The right to receive publications and other benefits
③ All members shall comply with the Articles of Incorporation of this Association, maintain the dignity expected of a member, and pay the prescribed membership fees.
Article 8 (Withdrawal, Loss of Membership, and Disciplinary Action) ① A member may withdraw voluntarily.
② A member shall lose their membership in any of the following cases:
1. When a member submits a written notice of withdrawal
2. When a member who has failed to pay dues for three years or more is expelled by a resolution of the Board of Directors
③ If a member damages the reputation of the Association or violates the bylaws, the Board of Directors may, through resolution, suspend membership for a certain period or expel the member.
CHAPTER 3 OFFICERS
Article 9 (Officers) The Association shall have the following officers:
1. Chairperson: 1 person
2. Research Chairperson: 1 person
3. Research Vice Chairpersons: 2 persons
4. Secretary General: 1 person
5. Subcommittee Chairpersons: 2 persons
6. Directors: Up to 5 persons
7. Auditor: 1 person
Article 10 (Appointment of Officers) ① The Chairperson and Research Association President shall be elected at the General Assembly upon recommendation by five or more members, with the candidate receiving the highest number of votes declared elected. If two or more candidates receive the highest number of votes, the eldest shall be declared elected.
② The Vice Presidents for Research shall be appointed by the Board of Directors upon recommendation by the Research Association President.
③ The Secretary-General shall be appointed by the Board of Directors upon the recommendation of the Research Association President.
④ The Subcommittee Chairpersons shall be appointed by the Board of Directors upon the recommendation of the Research Association President.
⑤ Directors shall be appointed by the Chairman from among the members.
⑥ Auditors shall be elected by the General Assembly from among the members.
Article 11 (Term of Office of Officers) The term of office for officers shall be two years, and they may be reappointed. However, even after the expiration of their term, if a successor officer has not been elected (appointed), they shall continue to perform their duties until a successor officer is elected (appointed).
Article 12 (Duties of the Chairman and Other Officers) ① The Chairman shall represent the Association and serve as the chairperson of the General Assembly and the Board of Directors.
② The Research Director shall oversee the affairs of the Association delegated by the General Assembly and the Board of Directors.
③ The Deputy Research Director shall assist the Research Director and act in the Research Director's stead in the event of the Research Director's absence or inability to perform duties.
④ The Subcommittee Chairperson shall oversee the research activities of each subcommittee.
⑤ Directors shall attend Board of Directors meetings to deliberate and decide on matters concerning the Association's affairs and handle matters delegated by the Board of Directors.
Article 13 (Duties of the Auditor) The Auditor shall perform the following duties:
1. Audit the financial status of the Association.
2. Investigate matters concerning the operation and affairs of the Board of Directors and the Association.
3. Report the results of the audit to the Board of Directors and the General Assembly.
4. When discovering any irregularities or illegalities in the audit results under Items 1 and 2, report them to the Board of Directors and the General Assembly and demand corrective action.
5. Requesting the convening of the Board of Directors or the General Assembly for the purpose of reporting under subparagraph 3.
6. Handling matters delegated by the General Assembly.
CHAPTER 4 ORGANIZATIONS
Article 14 (Organizations) The Association shall have a General Assembly and a Board of Directors. For the purpose of advising the Association and ensuring its smooth operation, it may establish advisors, an administrative office, subcommittees, an editorial committee, and other bodies.
Article 15 (General Assembly) ① The General Assembly shall consist of members.
② The General Assembly shall be divided into regular and special sessions.
③ The regular session shall be held annually in December or January of the following year. A special session shall be convened when deemed necessary by the President, upon resolution of the Board of Directors, or upon request by the Auditor.
④ The Chairperson shall convene the General Assembly and preside over it.
⑤ Resolutions of the General Assembly shall be adopted by a majority vote of the members present. In case of a tie, the Chairperson shall have the casting vote.
⑥ If a member is unable to attend the General Assembly for unavoidable reasons, they may delegate their voting rights in writing to the Chairperson or to a member present at the meeting. In such cases, the member shall be deemed to have attended the General Assembly.
Article 16 (Matters Decided by the General Assembly) ① The General Assembly shall decide on the following matters:
1. Amendments to the Articles of Incorporation
2. Approval of the business plan
3. Approval of the budget and settlement of accounts
4. Election and dismissal of the Chairman, Research Association President, and Auditor
5. Dissolution of the Association
6. Matters referred by the Board of Directors
7. Matters proposed by five or more members and other important matters necessary for the operation of the Association referred by the Research Association Chairperson
② The Research Association Chairperson shall obtain prior approval from the Board of Directors for any agenda items to be submitted to the General Meeting and shall notify each member in writing at least five days in advance, specifying the agenda items. However, in cases of urgency or other unavoidable circumstances, this period may be shortened, or notice may be given verbally, by telephone, or via electronic document.
③ The Research Association President may substitute a resolution of the Board of Directors for a resolution of the General Assembly on urgent matters deemed to require immediate action. In such cases, the Research Association President shall promptly convene the General Assembly to obtain ratification of the matter.
Article 17 (Board of Directors) ① The Board of Directors shall consist of the Chairperson, the Research Association President, the Secretary General, and the Directors.
② The Board of Directors shall be convened when deemed necessary by the Chairperson or the Research Association President, or upon the request of the Auditor or at least half of the Directors.
③ The Chairperson shall convene the Board of Directors and serve as its chairperson. The Research Association President shall serve as the vice-chairperson of the Board of Directors and shall act in the absence of the Chairperson.
④ The Board of Directors shall resolve matters by a majority vote of the directors present.
Article 18 (Matters Resolved by the Board of Directors) ① The Board of Directors shall resolve the following matters:
1. Execution of business
2. Preparation of business plans and budget/final accounts
3. Enactment, amendment, or repeal of implementing rules necessary for the operation of the Association
4. Matters falling within its authority under the bylaws
5. Matters delegated by the General Assembly
6. Deliberation on agenda items to be submitted to the General Assembly
7. Approval of membership applications and disciplinary actions against members
8. Appointment of advisors or consultants
9. Matters proposed by one-third or more of the directors
10. Other matters necessary for the operation of the Association submitted by the Chairman of the Board or the Research Association Chairperson
② The Chairman may first handle urgent matters deemed too urgent to await a Board meeting, but must promptly convene the Board thereafter to obtain ratification of such matters.
Article 19 (Advisors) The Chairman or Research Association President may appoint advisors, subject to Board resolution, to obtain advice on the execution of purpose-driven projects and matters concerning the Research Association and academic seminars.
Article 20 (Secretariat) ① The Association shall maintain a Secretariat.
② The Secretary-General shall handle the affairs of the Association under the direction of the Chairman and the Research Association President.
③ The Secretariat may appoint a Deputy Secretary-General to assist the Secretary-General.
④ The Deputy Secretary-General shall be appointed by the Research Association President upon recommendation by the Secretary-General, and their term shall be the same as that of the Secretary-General.
⑤ Detailed matters concerning the operation of the Secretariat shall be determined by the Board of Directors.
Article 21 (Editorial Committee) An Editorial Committee shall be established for the publication of the journal and other publications. Matters concerning the composition and other operations of the Editorial Committee shall be separately determined by the Board of Directors.
Article 22 (Subcommittee Structure) ① The Association may establish the following subcommittees to conduct more specialized and in-depth academic research in the field of FTA origin:
1. Origin Law and System Subcommittee
2. Origin HS commodity classification Subcommittee
② Each subcommittee shall have a subcommittee chairperson representing the subcommittee.
Chapter 5: Finance and Accounting
Article 23 (Finances) ① The finances of this Association shall be covered by the following items:
1. Membership fees
2. Donations
3. Sponsorship funds
4. Revenue from research services
5. Other income
② The amount of membership fees shall be determined by the Board of Directors.
Article 24 (Budget and Settlement of Accounts) ① The budget of this Association shall be finalized upon resolution by the General Assembly.
② The settlement of accounts of this Association shall be subject to audit by the Auditor and require approval by the General Assembly.
Article 25 (Fiscal Year) The fiscal year of this Association shall be from January 1 to December 31 of each year.
Article 26 (Types and Management of Assets) ① The assets of this Association shall be classified as basic assets and operating assets.
② The management of the Association's assets shall follow the methods determined by resolution of the Board of Directors.
③ The expenses of this Association shall be paid from the operating assets.
Chapter 6 Supplementary Provisions
Article 27 (Dissolution) ① Dissolution of the Association shall be resolved by a vote of two-thirds or more of the registered members present at a General Meeting.
② Upon dissolution of the Association, any remaining assets shall be transferred to the state, a local government, or another non-profit corporation with similar purposes, following a resolution of the General Meeting.
Article 28 (Amendment of the Articles of Incorporation) The Articles of Incorporation of this Association may be amended after a resolution by the General Assembly and obtaining the approval of the competent authority.
Article 29 (Enforcement Rules, etc.) Matters necessary for the enforcement of these Articles of Incorporation shall be determined by the Board of Directors.
Article 30 (Applicable Provisions) Matters not stipulated in these Articles of Incorporation shall be governed by the Civil Code and general custom.
Additional Provisions
Article 1 (Effective Date) These Articles of Incorporation shall take effect upon obtaining the approval of the competent authority.