Non-Departmental Public Bodies Act Article 6

Directors and supervisors shall be appointed for fixed terms. Where there is a vacancy before the expiration of the term, the newly appointed director or supervisor shall serve only the remainder of the term of his/her predecessor. If a director or supervisor is a representative of a government authority, such director or supervisor may be appointed, dismissed or re-appointed to a different position in accordance with the nature of his/her duty.A person who has any of the following circumstances may not be appointed as a director or supervisor:1.A person who has been placed under commencement of guardianship commencement of assistance, and such placement has not yet been withdrawn;2.A person who has been sentenced to imprisonment, and has not yet been declared on probation;3.A person who has been declared bankrupt and has yet to come out of bankruptcy;4.A person whose citizen’s rights have been suspended and has not yet resumed the rights; or5.A person who has been certified by a public hospital as incapable of performing duties due to physical or mental disabilities.A director or supervisor who has one of the above circumstances, or fails to attend meetings of the board of directors (council of directors) for three consecutive times without justified reasons, shall be dismissed.A director or supervisor may be dismissed if one of the following circumstances arises:1.A director or supervisor whose misconduct or poor character affects the image of the non-departmental public bodies, and there is concrete evidence of the misconduct;2.A director or supervisor who fails to devote reasonable effort or neglects to perform his/her duties, and there are specific facts amounting to material breach of his/her appointment;3.The non-departmental public bodies to which a director or supervisor is appointed fails the supervisory authority’s performance evaluation for two consecutive years;4.A director or supervisor who is found by concrete evidence to have violated the Administrative Neutrality Act;5.A director or supervisor who is found by concrete evidence to have accepted gifts or special treatments from lobbyists and misused his/her position to influence supervisory decisions, and as a results jeopardized the interests of the public or the non-departmental public bodies;6.A director or supervisor who is found by concrete evidence to have misused assets of the non-departmental public bodies for non-official reasons;7.A director or supervisor who has violated the principle of recusal set forth in Paragraphs 1 and 2 of Article 7, or engaged in the prohibited transactions stipulated in the first part of Paragraph 1 of Article 8, and there is concrete evidence of the misconduct; or8.A director or supervisor who has engaged in any conduct that renders him/her unfit for the position of director or supervisor. The qualifications, numbers, methods of appointment, term of appointment, rights and obligations, number of consecutive appointments, causes and procedures of dismissal of directors and supervisors shall be clearly set forth in the organizational Act or the general Act of each non-departmental public body.