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PREFACE

 

The Federation of Korean Associations in the U.S. A. strive to help Korean immigrants in the U.S.A. to attain stability in life, maintain unique cultural and ethnic tradition of the old Country, nurture and encourage young and old to become assimilated into the adopted country, the U.S.A., through excellence in academic and athletic programs, and furthermore, provide necessary leadership to all Koreans around the globe, specifically to promote mutual cooperation in promoting peace and prosperity, and become contributing members of communities where they reside.

 

ARTICLE 1   BY-LAW

 

 

 

Para. 1: Name

 

The name of the association shall be known as The Federation of Korean Associations in the U.S.A., henceforth called the Federation.

 

Para. 2: Purpose

 

The Federation shall assist and coordinate activities of all regional Korean Associations across the entire U.S.A. directly and indirectly. The Federation shall further endeavor to promote

 

cooperation among regional Korean Associations and between Korean and other ethnic groups by working through harmonious and peaceful relationship, creating neighborhood service functions, emphasis on excellence in education, peaceful athletic competitions, cultural exchanges, charitable works, etc.

 

Para. 3: Organizational Structure

 

The federation is comprised of all currently and actively existing regional Korean Associations, preside over all Korean Associations in the U.S.A., and represents all Koreans residing in the U.S.A.

 

Para. 4: Location of the Federation Headquarters

 

The Federation Headquarters shall be located in the proximity of Washington, DC., U.S.A.

 

When the sitting Present is residing at a location away from the Headquarters Office, then the sitting President may establish a Bureau of the Federation Business Office where the President reside for the duration.

 

 

 

ARTICLE 2   MEMBERSHIP

 

 

 

Para.5: Qualification

 

Past and present Presidents of currently operating regional Korean Associations in the U.S.A. are deemed to possess required qualifications for membership in the Federation.

 

Membership request of those Associations that have been dissolved, or suspended their operation, shall be treated in the same manner as newly created Association, under the Article 4, Para.31.3 of the Federation By-law to determine their eligibility for membership.

 

Newly organized Korean Association shall submit founding processes utilized that enabled formation of Association together with names of officers to the Federation office for their examination of adequacy and compliance to the requirements.

 

Membership renewal process of Korean Association which suspended its regional operation or terminated shall be at discretion of reviewing committee upon receipt of the request or information submitted for renewal.

 

Para.6: The Federation Members

 

Membership is divided into three types; full, ordinary and honorary members.

 

Full Members: Past and current Presidents from regional Associations which met all requirements per Article 2, Para 7 of the Federation By-law and remitted required dues.

 

Ordinary Members: Past and current Presidents from regional Association which has not completed dues remittance.

 

Honorary Members: Experts engaged in specialized fields of science who support visions of the Federation and few of Korean lineage and from other ethnic origin with distinguished achievement who have furthered and promoted the cause of the Federation.

 

Honorary members do not possess full privileges and duties of Full Membership. However, one may be enlisted to serve in the field of one=s own specialty committee of the Federation.

 

Commissioning of Honorary membership is recommended by the President of the Federation, and approved by the Standing Board of Trustees.

 

Para. 7: Administration and Duties

 

Members of the Federation are granted with the following privileges and duties.

 

Authority: Full Members may request calling of a Pro Tempore General Assembly provided the request do not infringe on other limiting clause of the Federation By-laws, nominate candidate for President of the Federation, request formal business, make resolution of issues at hand, elect and be elected to an office of the Federation, and may make request of an item to be placed on the meeting agenda.

 

Ordinary Members may exercise their privilege with request to place a formal business in agenda.

 

Duties: Members of the Federation remit Association dues, enhance dignity of the Federation, observe and comply with all internal rules and regulations of the Federation By-laws. President of regional Korean Association upon completion of his term, together with incoming President, shall notify the Federation of the changes. The Federation dues are assessed for every two year period which maybe paid in one lump sum or 2 of two year portion per year. However, Officers= special dues of the Federation shall be remitted the entire sum during the first six months. Any Full Member who remitted special dues assessment shall not be required to remit Full Member dues.

 

Para. 8: Admission and Withdrawal

 

The following rules shall apply toward admission and withdrawal from the Federation. Those who desire to be admitted to the Federation shall submit a completed application form to the Federation office, and Standing Board of Trustees shall review and act on it.

 

If withdrawal from the Federation is voluntary, a signed withdrawal form shall be submitted to the Office of the Federation, and if withdrawal is due to disciplinary action of the Federation, this will result in loss of all privileges.

 

 

ARTICLE 3     Organization and Structure

 

 

Para.9: Jurisdiction

 

The Federation has jurisdiction over all regional Korean Associations located in the entire United States of America including territories located outside of the continental U.S.A.

 

Para 10: Structure

 

The Federation is organized in the following manner.

 

< >President Team (President, Vice President, Secretary of General)President:Regular General Assembly shall elect a president according to the Federation By-laws, and as President represent the Federation, exercise all privileges and duties conferred upon by General Assembly. President shall appoint Vice President, Secretary of General , and Officers and Staff to facilitate and carry out business of the Federation.

 

< >Vice President:To facilitate the duties and work of the President, the president shall appoint 13 Vice Presidents. The Chief Vice President shall carry out the duties of President in his absence, and the most senior Vice President shall take the place of Chief Vice President in his absence.

 

< >Secretary of General:Secretary of General is appointed by the President for the purpose of assisting the President in discharging duties of the office of President.

 

Secretary of General shall oversee administration of the Federation, carry out the work of

the Federation policies as necessary, and liaison with regional Korean Associations.

 

< >Permanent Central Committee:The President shall designate 10 ~ 15 to the Committee from regional Korean Associations, located where high density Korean population exist, for the purpose of facilitating smooth implementation of

businesses of the Federation, and together with currently serving 16 ~ 21 regional Presidents from already registered Korean Associations of the Federation.

 

  1. President of the Federation is Chairperson of the Committee and enlists help from regional Korean Associations.

 

  1. Committee members are required to present themselves at all meetings.

 

  1. Duration of Term coincides with the term of regional Korean Association from which one is selected from, and upon completion of one=s term, the next president shall assume the role.

 

  1. Central Coordinating Committee:

 

Comprised of Permanent Central Committee member team, President=s team, and the Chairman=s team from the Board of Trustees. Conference is called by the sitting President of the Federation, and conference proceeding is chaired by the President of Federation or by the Chairman of Board of Trustees to carry out all privileges and duties accorded to the Permanent Standing Board of Trustees.

 

  1. Honorary President:

 

Sitting President shall accord the title of honorary president to those from the ranks of past Presidents who have led the Federation with exceptional leadership and achieved an exemplary results,. At the request from the President, Honorary Presidents may represent the Federation with designated specific areas of endeavor.

 

  1. Advisor:

 

To enhance the growth of the Federation past Presidents are accorded with a title of Advisor. Advisor shall provide appropriate advice, consultation and encouragement to the President for him to better lead the Federation. A small number of Honorary Advisors from outside may be installed to meet specific needs.

 

  1. Advisory Committee

 

President may commission a small number of experts in selected fields from members and/or non-members ranks to provide necessary guidance in specific fields.

 

  1. Auditors

 

Standing Board of Trustees shall install two Auditors to oversee financial and business of the Federation. Auditors, as they see it fit, may call for an auditing process to take place, and Audition

Summary shall be submitted to the President and Chair of the Board of Trustees, and present its results at General Assembly.

 

  1. Planning and Coordinating Committee

 

President shall commission Committee members and the Committee is directly under the

President. The Committee is charged with planning for the growth in the future, assessment of current work to draft up the direction the Federation may pursue.

 

  1. Board of Trustees

 

The Board is charged with developing annual budgets including revenues and disbursement, examine and approve important projects that would enhance and promote future of the Federation.

 

  1. Subcommittees

 

Subcommittees= business plans are subject to review and approval from the Board of Trustees, and acted upon by Administrative/Implementation Branch. Committee Chair shall be appointed by the President of the Federation, and committee members shall be named by the chairman of Subcommittee. The Subcommittee is further divided into branches of; Unification, Education, Ethnic Relationships, Human Rights, National Culture, Overseas Koreans, Diplomacy, Religion, Social Welfare, Senior Services, Support for Women=s Right, Athletic, Leadership Training for Younger generations, Korean-American economy, Youth Relations, Research on History of Korean Emigration, Research on Human and Natural Resources Development and Minor enterprises.

 

President of the Federation may establish additional branches of the Subcommittee if deemed necessary.

 

  1. Standing Committee and Special Committees.

 

To manage matters of urgency and matters requiring special attention that are not covered by branches listed above. Chair of the Committee shall be appointed by the President, and committee members shall be selected by the Committee Chair. Term of the chair of Special Committee shall coincide with the President=s term, and terms of Chair of the Standing Committee members shall be limited to four (4) years based on the need of continuity and special knowledge required to carry out duties.

 

  1. Offices

 

The following Bureaus shall be established.

 

  1. Headquarters; Manage all aspects of the Federation businesses.

 

  1. Treasury; Prepare budget, keep record of revenues and disbursement.

 

  1. Public Relations; Coordinate with other organizations, media, and meetings, etc.

 

  1. Liaison; Coordinate with other regional Korean Associations to promote the Federation.

 

  1. Communications; As Spokesperson of the Federation, make formal public announcement on issues, vision, plans, accomplishments, etc., of the Federation.

 

  1. Women; Women=s rights and privileges advocacy.

 

  1. Athletic; Promote athletic excellence and healthy life style.

 

  1. Others; Secretary of General may install a Bureau or an office deemed necessary, or appoint an assistant to carry out work load. In such case, Deputy Secretary of General shall be chosen from the ranks of prior or present President of regional Korean Association, and Bureau Head shall be an expert in selected field who has not served as Association President.

 

Para. 11: Arbitration Committee

 

When accusations are made concerning election outcome, mismanaged public funds, betrayal, etc., Arbitration Committee shall seek to prevent public embarrassment to the Federation, intervenes to seek peaceful win win solutions, and prevent litigation through a court of law.

 

When such arbitration intervention is sought, the President shall convene an Arbitration Committee right away.

 

  1. Organization;

 

Committee shall name 4 ~ 6 past Presidents of the Federation plus one from Judicial Committee, a total of 5 ~ 7, and sitting President shall appoint one Committee Chairperson, one Vice chair. There shall be one Executive Secretary.

 

  1. Function

 

Ordinarily Committee shall examine complaints from members, mediate, and make decision. However, upon examination of the request, if arbitration is deemed not possible, clearly state in writing the reasons for seeking ruling of the case to Disciplinary Committee, or directly to Standing Board of Trustees.

 

  1. Limitations

 

Arbitration Committee Members may not engage in election activities in order to maintain fair and objective views on election.

 

Para. 12: Reward & Disciplinary Committee

 

The Committee is established for the purpose to accord person(s) with honor as deemed befitting by Award Committee or inflict punishment as determined by Punishment Committee. Disciplinary Committee is comprised of seven (7) members including the Committee Chair.

 

  1. Organization

 

President shall recommend Committee Chair to the Permanent Standing Board of Trustees, and the Board approves. Chair shall recommend names of Committee members to the President for him to appoint.

 

  1. Function

 

The Committee shall recommend person(s) who distinguished oneself to advance cause of the Federation to President of the Federation, examine accomplishment of those recommended by President of the Federation, and examine disciplinary motion submitted from disciplinary panels of the Federation against those who maliciously spread untrue rumors and false accusation to damage reputation of person(s) of the Federation, damage dignity of the Federation, interfere with works of the Federation, furthermore circumventing rules of the Federation By-Laws to profit themselves in an arbitrary manner including falsely claiming positions/ranks of responsibilities and privileges accorded by the Federation. The Committee may determine “written warning of formal disciplinary action” or “denial of privileges within the Federation, removal from the Federation, etc., and such severe disciplinary motion” and forward to the Permanent Standing Board of Trustees for their dispensation.

 

Para. 13: The Federation Hall Building Committee

 

To establish the permanent base of operation of the Federation, building Committee shall be created.  With the recommendation from the President, Standing Board of Trustees shall elect the Chair of Committee, and the Chair shall appoint committee members. The Committee shall adhere to all rule and regulation of the Federation in all steps in implementing Building program.

 

Para. 14. Revision Committee

 

The Committee is called in whenever revision to the Federation By-law and interpretation of clauses in the By-law are required. With the recommendation from the President, Chair of the Standing Board of Trustees shall select Chair of the Committee from the ranks of the Board, members shall be appointed by Chair of the Committee.

 

Revision to the By-laws shall be discussed and decided at Board of Trustees and submit to General Assembly. Committee proceedings shall follow all rules and regulations of the Federation.

 

Para. 15: Election Committee

 

Committee shall oversee fair and just election processes of the Federation. The Chair and committee members shall be recommended by the President and the Board of Trustees shall appoint them. Committee shall adhere to all rules and regulations in their work.

 

Para. 16: Transfer of the Presidency

 

A committee shall be established to oversee process in transfer of Presidency from exiting President to in coming President, and shall operate all proceedings in accordance with all rule and regulations.

 

Para. 17: Policy Research Committee

 

As a permanent Committee, it shall engage in the research of impact of policies here and overseas, academic and technological research to enhance and improve livelihood of ethnic Koreans in the

U.S.A. It shall endeavor to create awareness among the U.S. Koreans of policies of the U.S.A. that impact directly and indirectly, participate in election process, assimilate in the main stream of the U.S.A., and human right preservation.

 

Chairman of the Committee and Committee members shall be appointed by the President and the Chairman of the Board of Trustees, and may be appointed one or two non-member persons from each state who may provide necessary skills to further the intent of the Committee.

 

Para. 18: Officers= Terms

 

Except the term of permanent functions of the Committee, term of members shall coincide with the term of President which is two (2) years.

 

Para. 19: Limitation on Official Duties

 

Anyone who has received declaration of incompetence, failure to execute official duties in timely manner, or received even harsher disciplinary sentence shall be prohibited from assuming assignment of duties.

 

Upon completion of probation period, and if one is deemed to have made amends, after three (3) years from the expiration of probation, with written request from the one who was relieved of duties and with approval from the Permanent Board of Trustees one may be considered to be eligible to resume duties of the Federation.

 

Para. 20: Succession of Term

 

Presidents may succeed oneself only one additional term after the first term. Para. 21: Assumption of Duties by Proxy

In the absence of President, duties of the president shall be handled in accordance with Para.10.1.b. and/or Para. 34. In the event proceedings are deadlocked due to conflicting interests of issues the Chair of Arbitration Committee shall assume the role as proxy until resolution of issues are reached.

 

 

ARTICLE 4   MEETING

 

 

Para 22: General Assembly

 

Two types of General Assemblies exist, a Regular and Pro Tempore.

 

< >Regular General Assembly shall be held biannually in June on a date to be determined by the Federation President.Public announcement of General Assembly shall be made 30 days prior to designated date.President of the Federation shall reside as the Chairperson of the General Assembly.President of the Federation may call a Pro Tempore Assembly anytime President deems necessary.Also Chair must call a Pro Tempore Assembly when a notarized petition signed by 60 regular members or more of the Federation is presented.

 

The Chairperson of a Pro Tempore Assembly is the President of the Federation, and must convene within 21 days from the receipt of a petition requesting Assembly meeting called per para.22.b above.

 

Para. 23: Power of General Assembly

 

< >Elect a President of the Federation and a Chair of Board of Trustees of the Federation.Revision to the Federation By-law.Make business plans, review and establish financial road map, certify results of election, financial and business auditing, conduct hearings and reports of issue on various issues that concerns all Koreans in the U.S.A. and overseas.Impeach President and/or Chair of Board of Trustees of the Federation.Other issues that impact on Koreans in general.Para. 24: Quorum

Required quorum for Regular General Assembly is majority of fully paid and registered full members on the roster of the Federation.

 

Trustees meetings and all other committee meetings require majority presence of all registered members on rosters to establish required quorum.

 

Quorum for a resolution require a simple majority of present, except for matters of crucial importance stated in the By-law.

 

Quorum for Regular General Assembly, if total number of registered regular members of the Federation is more than 300, then 150 present shall satisfy quorum requirement.

 

At a Regular General Assembly, if there were only one single candidate who is running for President of the Federation, the Assembly shall elect the person by acclamation without requiring balloting to take place.

 

Quorum for a Pro Tempore Assembly is 150 or more of full members of the Federation. Para. 25: Resolution of Important and Crucial Issues

Revision to By-law, impeachment of President of the Federation and Board of Trustee chairperson shall require 2/3 of registered full members on the roster.

 

Para. 26: Order of General Assembly Meetings.

 

The meeting shall commence with quorum declaration, declaration of meeting to start, national ceremony, Korean and American Anthem, opening message from the President, greetings, keynote speech, reading record of the previous meeting, committee reports, report on financial audit, presenting of certificates of commendations, disposition of agenda items including election, reporting of election results, farewell speech of exiting President and inaugural speech from incoming President, handing over of the Federation banner from exiting President to incoming President, three cheers, and declaration of adjournment.

 

Adoption of meeting agenda must be accepted by General Assembly. Both Korean and American flags shall be presented to the President.

Para. 27: Credentials

 

All subsidiary Board and Committees accept credentials to attend consultative discussions on decision making but shall not accept their credentials for attending the General Assembly..

 

Para. 28: Board of Trustees

 

Organization of Board of Trustees is as stated in Article 3, Para. 10.9.

 

  1. Electing Chair of the Board and its members: President of the Federation shall recommend a person to General Assembly for election.

The total number of Board of Trustees shall include those with automatic commission and ordinary Trustees.

 

  1. Board of Permanent Trustees: Consists of President of the Federation team, Permanent Central Committee members team, and the Board of Trustees team, as the central coordinating committee.

 

  1. Ordinary Board of Trustees: President of the Federation and chair of the Board of trustees shall together appoint around 60 members.

 

Para. 29: Automatically Commissioned Trustees

 

President of the Federation, Vice presidents, and Executive Secretary are automatically commissioned to Trusteeship and they are not a part of Trustee headcount, but they may attend Board of Trustees meetings.

 

Para. 30: Power of Ordinary Trustees Board

 

Ordinary Board of Trustees have the following power.

 

  1. Planning of the Federation business, examine annual budget and make resolution.

 

  1. Adopt dues structures for Members, Trustees, special assessment for officers of the Federation.

 

  1. Propose revision to the Federation By-laws, examine changes initiated from By-laws, required changes from Revision Committee, and submit the same to General Assembly.

 

  1. Changes and revision to operating guidelines for permanent and special organizations.

 

  1. Review of financial audit statement.

 

  1. Selection of agenda to be submitted to General Assembly.

 

  1. Other pertinent issues to be submitted to General Assembly.

 

 

 

Para. 31: Power of Sitting Permanent Board of Trustees

 

The Sitting Permanent Board of Trustees have the following power.

 

  1. Selection of Auditor(s) for the Federation finance and approval of heads of permanent committees and offices.

 

  1. Mediation of dispute among and between regional Korean Associations.

 

  1. Review qualifications of applicants to the Federation, and act upon those who were referred to the Board from Disciplinary Committees to mete out justice.

 

  1. Act upon urgent matters and requests from Committees= matters for decisions.

 

  1. Decide candidates= registration fees running for an office.

 

  1. Certification of Election Committee Chair and its members.

 

  1. Construction of the Federation hall, and approve real estate and building transactions.

 

  1. Implement Permanent Committees and subcommittees= requests.

 

  1. Other relevant and important matters of the Federation.

 

Para. 32: Board of Trustees= Table of Organization

 

A maximum of thirteen (13) Vice Chair of Board of Trustees will be named to facilitate work of the Federation.

 

Para.33: Power of Chair of Board of Trustees

 

As the Chair of Ordinary Board of Trustees and Permanent Board of Trustees, oversees all matters of Board of Trustees and appoint Head Vice Chair, Vice Chair and Executive Secretary of Board of Trustees.

 

Para. 34: Power of Vice Chair of Board of Trustees

 

Vice Chair assists Chair of Board of Trustees, and in the absence of Chair, the Head Vice Chair shall carry out duties of the Chair. In the absence of Head Vice Chair, the most senior Vice Chair shall assume duties of the Chair.

 

Para.35: Power of Executive Secretary

 

Executive Secretary of the Board of Trustees is in charge of setting up meetings, prepare

minutes-of-meetings, prepare and safekeeping of meeting documents, and assist staff of the Chair of the Board of Trustees.

 

Para. 36: Calling of Meetings of the Board of Trustees

 

President of the Federation or Chair of the Board of Trustees may call a meeting when agreed, provided 1/3 of Trustees make request for meeting, Chair of Board of Trustees shall call meeting in writing stating the need of meeting with a minimum of 15 days notice.

 

Para. 37: Deciding Vote

 

In the event where >yeas= and >nays= are equally split in calling for resolution at all meetings including election results the President of the Federation shall cast deciding vote in General Assembly Meetings.

 

If such split occurred at Board of Trustees Meeting the Chair of Board of Trustee shall cast deciding vote.

 

In all Committee meetings, the chair of committee shall cast the deciding vote.

 

All Committee discussions and issues requiring resolution through balloting may be conducted through signed FAXed voting documents in lieu of being present at meetings to vote. FAX discussions and making resolutions during General Assembly is not allowed.

 

 

ARTICLE 5   ELECTION OF OFFICERS

 

 

 

Para. 38: Election Committee

 

< >Election Committee is comprised of a chairperson of committee, an executive secretary, and three(3) committee members.

 

< >Election committee shall commence its duties 60 days prior to election date.Para. 39: Duties of Election Committee

 

< >Execute in full all matters related to election rule of the Federation.Receiving candidates= applications, examination, and safekeeping of the same.Establish polling place, opening of ballot box(s) and counting, and make certain balloting is carried out fairly and justly according to the Federation rules.Log the names of those who cast their ballots, and safekeeping of the roster.Examine qualifications of all candidates and those who may cast ballots..Report to the General Assembly the results of election, and declare the winner.Safekeeping ballot boxes and election records.And any other unique issues that surrounds the Federation election processes.

 

Para. 40: Qualifications of Candidates

 

Candidates for the Federation President shall be at least 35 years old, holder of a Green Card from the U.S.A. or a U.S. citizen, of Korean lineage who have met dues requirement per Para 7 of Article 2,, and has not been cited for damaging conducts per Para. 19 of Article 3, and an honorable member of the Federation with good standing without criminal records.

 

Para. 41: Deliberation on Candidates Qualifications

 

Candidates of all positions, upon their entering in the election process their qualification and the positions being sought shall be examined closely.

 

Para. 42: Submission of Applications

 

The Committee shall establish cut-off date for receiving applications taking into consideration all national holidays, weekends, and force-majeure type emergencies. Mailed application shall be post marked no later than midnight of closing.

 

Para. 43: Registration Fees

 

A candidate for the Federation Presidency shall remit a minimum fee of $10,000, but not to exceed $20,000 no later than 60 days prior to the day of election.

 

Para.44: Voter Qualifications

 

Regular member of the Federation who registered at least 45 days prior to the expiration date of a sitting President. The Office of Election Committee shall publish roster of registered voters within five

(5) days (excluding Court holidays) from closing, and deliver the roster to candidates, Election Committee, and other Committees who requested voter roster, and put the roster on display for those who wish to view.

 

Para 45: Petition for Punitive Measures

 

If certain allegation of wrongful election process, abuse of the process by members of Election Committee, or flaws in the process is registered, those candidates or regular member of the Federation who claim to be injured must register and submit their complaints in writing including evidentiary documents within 15 days from the day of election to Arbitration Committee.

 

Anyone who choose to circumvent the Federation=s internal grievance resolution process Para.11 of Article 3, and go directly to the U.S. Court of law for resolution, with recommendation from Arbitration Committee, shall be expelled from the Federation, and prevented from re-entering the Federation for a minimum of four (4) years to no more than ten (10) years.

 

 

ARTICLE 6   FINANCE

 

 

 

Para. 46: Finance

 

< >The Federation finance consists of due from the Federation Members, Trustees, Officers, Patronage Sponsorship, and other contributions.Dues assessment to all Korean Associations located within the United States of America shall be levied on the basis of membership numbers of each Association.Membership Numbers                                   Dues          

 

More than 100,000                                 $1,000/ 2 yr.

 

More than

50.000

$750/ 2 yr.

More than

10,000

$500/ 2 yr.

 

Less    than  10,000                                 $300/ 2 yr.

 

Para 47: Fiscal Year

 

The Federation fiscal year begins on July 1, and ends at June 30 of each year.                   

 

 

ARTICLE 7   SUPPLEMENTARY PROVISIONS

 

 

 

Para. 1: Effective Date

 

The Federation By-laws is in effect from the date     which this By-law is passed.

 

Para. 2: Others

 

Matters not specifically mentioned in The Federation's By-law shall be treated in accordance with respect to prevailing traditions.

 

Para. 3: Grandfather Clause

 

Matters carried out by the 19th President of The Federation and his staff shall be treated as in compliance under the Grandfather Clause, and considered to be in compliance with the current By-law.

 

The End

 

Chronology of Approval Process

 

-Approved at the 7th General Assembly held on the 13th day of October 1984.

 

-Approved the revision to the By-law at the 12th General Assembly.

 

-Approved revision to the By-law at the 15th General Assembly held in Dallas, TX on 27th of June, 1994,

 

By-law Revision Committee Members: Messrs. Jae Duk Sohn, Seong Houn Lee, Se Kwon Chong,

and Ms. Ok Sung Hwang

 

-Approved revision to the By-law at the Regular General Assembly held in Houston, TX on 19th of Oct. 1996. Revision Committee: Mr. Chang Bum Kim + 10 members.

 

-At the 19th Regular General Assembly approved the latest revision to the By-law. Those Committee members who participated in >article-by-article= examination were: Gi Hong Kim, Jae Duk Sohn, Ok Sung Hwang, Tae Kwon Lee, Sung Rae Kim, Yun Tack Shim, Hahn Bong Lee, Bum Jooong Kim, Kwang Soo Lee, Sang Kyun Shin, and Hyun Woo Park

 

                     Managerial Regulations of the Election Management                 

 

 

 

Para.1 (Legal Basis) The committee shall organize the election according to Para. 15 of Article 3. Para.2 (Title) The committee is designated the title ‘Election Committee’.

Para.3 (Character) As an organ of regulations concerning fair management and operation of election, the committee shall practice the duty independently and neutrally.

 

Para. 4 (Ethnical Provision) During the election, the committee shall preserve its neutral position and have thorough acknowledgement and abide by the ethnical provision which are as follows.

 

  1. No intervening in the election campaign

  2. Tentatively reserve recommendation of candidates

  3. No disclosing secrecy acquired during operation of duty (especially concerning opponent candidate)

  4. Public funds shall be expended in accordance with servant’s basic spiritual mind of the federation. No disbursing public funds as participation fee.

  5. The chief of the committee shall be responsible for the expenses with no receipts.

 

Para.5 ( Function of President of Election Committee) The committee generalizes the entire duties of operation and management of election.

 

The functions are as follows :

 

  1. Call and preside over meetings

  2. Appoint and dismiss the vice chairman and the executive secretary

  3. Issue an affirmation note of the election to the successful candidate

  4. Report the progress and the final returns to the members of the Federation

  5. Proclaim the winning of election

  6. Other major articles concerning the election

 

Para.6 ( Meeting calls ) The Election Committee shall call for meetings when more than 3 members of the committee request meetings by utilizing Fax, online or e-mails only when acknowledging the necessity of usage for the management’s amicable operation. Consultation and decisions shall abide by Para.24 of Article 4(Fixed Voting Number).

 

Para. 7(Function of Vice Chairman of the Committee) The Vice Chairman of the committee supports the chairman, and at the time of an accident, the vice Chairman successes the Chairman’s duty.

 

Para. 8(Function of Executive Secretary) The executive secretary takes charge of the election administration and accounting duties, meeting call notice, drawing up minutes and organizing and filing various documents.

 

Para. 9(Function of the Election Committee) Election Committee must conduct the followings to administrate fair and safe election duties.

 

  1. Process duties of Election Committee and establish detail plans

  2. Announce election site (Meeting site), Election schedule, member registrations and candidate registrations.

  3. Make up a budget, execute and closing accounts of the Election Committee

  4. Manage Candidate Registration Fee

  5. Keep documentary evidence, file receipts and check book (bank relating documents)

  6. Keep and manage ballot boxes

  7. Other operations of the Election Committee

 

Para. 10(Candidates’ Registration Documents) All Chairman candidates must prepare the required documents to the Election Committee by the date that were given by the announcement.

 

The required documents for registration shall be given by the Election Committee.

 

  1. 1 Chairman Candidate Registration Application Form (Form prepared by the committee)

  2. 1 Resume (Form prepared by the committee)

  3. 1 copy of a list of 60 recommenders – No duplicating names (Form prepared by the committee)

  4. 2 copies of photo

  5. 1 copy of name list of an election head official, 5 witnesses (Form prepared by the committee)

  6. Candidate registration fee must be submitted by money order, certified check or cashier’s check.

  7. 1 memorandum showing submission to committee’s decision (Form prepared by the committee)

 

Para. 11(Candidates’ Registration Procedures) All Chairman candidates must prepare the required documents and follow the procedure of the registration.

 

  1. It must be the Chairman candidates or the head officials who submit the registration application directly to the Election Committee. When mailing the registration application, the date stamped on the mail must be a valid date.

  2. The Election Committee must issue registration confirmation note after accepting registration documents and registration fee from the candidates or the head officials.

  3. Within 48 after investigating errors on the accepted registration documents, the Election Committee must issue candidate registry completion notes to the candidates.

  4. The Election Committee must immediately return the registration documents and fee with the reason for the rejection to the candidate when detecting errors on the documents. The committee must give 72 hours to the candidates who need revision of documents. If a chairman candidate fails to submit the revised registration documents 72 hours, it will be regarded as abstention.

  5. After the issue of the registry completion notes to the candidates, the submitted documents and fees will not be returned.

 

Para. 12(Drawing Candidate Numbers) The Chairman of Election Committee convokes each of the candidate’s head election official and inform the cautions, details of election managements and procedures and at last draw candidate numbers.

 

Para. 13(Election Campaign) The chairman election campaign shall be jointly held by the candidates and the Election Committee. The candidates or election head officials’ suggestions shall be taken into consideration in setting the Schedules and detail plans.

 

  1. Sizes and quantities of all materials such as Election posters, hanging banners, pickets, leaflets and various announcements shall be decided by the Election Committee.

  2. Expressing candidates’ views, candidates’ speeches and conversations shall be supervised by the Election Committee.

  3. The chairman election campaign shall be held mainly for the election pledges. Personal criticism, aspersion and intrigue towards opponent candidates shall not be allowed.

 

Para. 14(Election Procedure) Voters must abide by the following procedure.

 

  1. All registered members must show a photo ID to be able to vote. After receiving a ballot paper, the voter must enter the voting booth, complete the ballot paper, put it in the ballot box and leave the voting site.

  2. The voter who does not have a photo ID must be verified by the candidate’s head election official to be qualified to vote.

 

Para. 15(Confirmation of Voters’ Names) The full member can check whether his/her name is on the voters’ list during the election period.

 

Para. 16(Checking Ballot Boxes) Inside of the ballot boxes must be checked by the candidates’ witnesses and by the Election committee before the election to avoid any suspicions.

 

Para. 17(Valid Votes) Valid ballot papers must have the candidates’ witnesses’ signature, the Election Committee’s signature and the chairman of the Election Committee’s signature.

 

Para. 18(Installation of Voting Booths) All voting booths must be installed properly to hold a direct, confidential, common and equal election.

 

Para. 19 (Ballot Counting and Elect) Ballots shall be counted by the authorized ballot counters under the supervision of each candidate’s head official and Election Committee.

 

After confirming the numbers of votes obtained, the elected shall be the one with the highest votes. When the numbers of votes obtained are equal, the elected shall be chosen according to the by-law Para. 4 Article 34. Single candidate shall be elected without voting, and the chairman of the Election committee must announce the election result in the local newspapers and 3 major papers the candidate desires to choose.

 

Para. 20(Unsigned Ballot) The following ballot papers shall be invalid.

 

  1. Ballot papers without the Election Committee’s signature

  2. Ballot papers filled outside of the valid blank

  3. Ballot papers filled more than in one blank

  4. Incomplete Ballot papers

  5. Ballot papers with difficulties

  6. Ballot papers not prepared by the committee

  7. Ballot papers completed by using non-authorized pen

  8. Other ballot papers considered to be invalid

 

Para. 21(Voting Order) The Election Committee must maintain order of the voting site for the safety and the confidentiality of the members’ voting. In case of any members violating the voting order, the committee shall order the members out of the site.

 

Para. 22 (Finances) The finances of the Election Committee shall be a completely independent property and the demand of the budget of the election shall be met with the registration fee of the candidates. Rules on deposits and Withdraws are as follows:

 

  1. The committee shall open an account in a bank in the name of ‘The Election Committee’ and the approval of the withdrawal shall be given by the chairman by him/her signing the expense resolution.

  2. The election expenses shall be disbursed by checks in the name of the committee.

  3. The committee shall minimize the expenses, and after drawing up the audited report of the settlement of accounts audited by the auditor, the committee must transfer the report and the evidential documents to the newly elected chairman or the appointed official of the chairman of the federation.

 

Para. 23 (Penalty) The committee shall grant penalties on candidates violating the following by confiscating the right to vote, cancel the candidate registration, and repeal the elect.

 

  1. If the candidates make payment of the members their membership and entertainment or provide plane tickets for the election, the chairman of the committee must call a meeting to investigate the facts and secure the evidence. 2/3 of the agreeing members of the committee is needed to finalize the resolution. When confiscating the right to vote, cancel the candidate registration, and repeal the elect, the committee must report the chairman of the federation, board of director and the competent candidates.

  2. The members requesting entertainment, membership payment, plane tickets shall have the rights to vote deprived and be reported to the committee who handles the penalty.

  3. The cancellation of the candidate’s registration shall be informed to the competent candidate directly in writings, and put in the federation newspaper, homepage, and local newspapers.

  4. The federation shall pay the expenses on legal matters if the details the election committee resolved are illegal.

 

 

Para. 24 (Storage of Documents) The chairman of the committee must the voters’ list, used ballot papers, and other election-related documents in the ballot boxes and seal. After the election officials and the election committees must sign to confirm the sealing of the ballot boxes and transfer to the new executive organ. The sealed boxes must be stored for 2 years from the election date.

 

Para. 25 (Dissolution) Completion of the election shall automatically dissolute the committee according to the bylaw 3 article 10 Para. 11.

 

Para. 26 (Subsidiary Rules) Details those are not considered to be by-laws or rules, the committee shall put the details on a bill to pass them as new rules.

 

  The Erection Committee of The Federation of Korean Associations in USA

 

 

Para. 1 (Legal Basis) The committee shall in establish according to the bylaw Para3 Article 13.

Para. 2 (Title) The title shall be ‘The Erection Committee’ and re-title as ‘Management Committee of the Federation Buildings’ after the erection.

Para. 3 (Character) The committee shall manage all the duties concerning the erection and purchases. Para. 4 (Organization) The committee shall be consisted with 1 chairman, 1 vice chairman, 1 executive secretary, 4 committees and permanent members. The Chairman of the federation shall be the current member.

Para. 5 (Function of the committee) The chairman shall represent the committee and appoint the vice chairman, the executive and committees and take charge of all the duties.

Para.6 (Function of Vice Chairman) The Vice Chairman of the committee supports the chairman, and at the time of an accident, the vice Chairman successes the chairman’s duty.

Para.7 (Function of Executive Secretary) The executive secretary takes charge of the election administration and accounting duties, meeting call notice, drawing up minutes and organizing and filing various documents.

Para.8 (Meeting) When building erection, purchase of land, purchase of buildings for the federation take place, the president of the committee must call meetings on demand. Consultations and decisions must be agreed unanimously by attending members. The consultation and decision must be approved by a member of the standing committee.

Para.9 (Collection of Contributions) The committee shall undertake the duty to collect contributions for the erection of federation buildings. Members donating $10,000 shall be entrusted as permanent members.

Para.10 (Function of Erection Committee) The committee shall undertake the following tasks.

Management of land purchase Management of building purchase Management of erection of buildings

Other managements concerning buildings of the federation

Para.11 (Management of Fund) The management of the fund by the committee shall be deposited in a joint account under the names of the current chairman and 4-5 committees. All the transactions shall

 

               Managerial Regulations of the By-Law Revision Committee              

 

 

 

Para. 1 (Legal Basis) The committee shall be established according to the by-law Para. 3 Article 14. Para. 2 (Title) The title of the committee shall be ‘By-Law Revision Committee’.

Para. 3 (Character) As a by-law organization, the committee shall observe neutrality and undertake duties given by the by-law.

Para. 4 (Function) The committee shall undertake the following task.

  1. Present Revision of the by-laws for discussion to the federation

  2. Deliberate on a new operational bylaw to judge its appropriateness with the federation bylaws before it is presented in meetings and return the original draft and the results of the deliberation to the corresponding department.

  3. The committee shall undertake an authoritative interpretation on each article of the bylaws and shall reply to a member or an organization who requests authoritative interpretation on an article after reporting to the chairman in writing.

  4. Requests and replies on special cases must be in writing.

Para. 5 (Organization) The committee shall be organized with 1 chairman, 1 vice chairman, 1 executive secretary and 4 committees. At the time of an accident which occurs to the chairman, the vice Chairman shall success the chairman’s duty.

Para. 6 (Function of Chairman of the Committee) The chairman represents the committee and shall generalize all the duties. The chairman shall appoint the vice chairman, the executive secretary and the committees.

Para. 7 (Function of the Vice Chairman of the Committee) The Vice Chairman of the committee supports the chairman. At the time of an accident which occurs to the chairman, the vice Chairman shall success the chairman’s duty. At the time of an accident which occurs to the vice chairman, the executive secretary shall success the chairman’s duty.

Para. 8(Meeting) The committee shall call meetings on demand when members or organization request various solicitation. Consultations and decisions shall abide by by-law Para.4 Article 24 and the Meeting results shall be reported to the chairman.

Para.9 (Function of Executive Secretary) The executive secretary shall support the president of the committee. The duties of the executive secretary are calling and managing meetings, organizing and filing various documents.

Para.10 (Subsidiary Law) Non-regulated matters shall be applied correspondingly to the by-law and usual custom. The End.

 

 

Operational Rules of the Business Transfer Committee of The Federation of Korean Association in USA

 

 

 

Para.1 (Legal Basis) The committee shall be established according to the by-law Para 3 Article 16. Para 2 (Title) The title shall be ‘Business Transfer Committee’.

Para.3 (Leaving Post and Inauguration) Leaving Post and Inauguration of the chairmen shall take place on the election date or within 10 days after the election.

Para. 4 (Details of Preparation) To transfer the business both former chairman and newly appointed chairman must prepare the followings.

< >Former chairman and newly appointed chairman shall appoint 5 members of committee to transfer business effectively.Former chairman must prepare more than 3 copies of document lists according to the operational rule Para. 5 and distribute one copy to the newly appointed chairman, one copy to the auditor, and the former chairman shall keep one copy as well.Para. 5 (Document Transfer) Former Chairman shall prepare the followings to undertake the business transfer efficiently.

List of members

Supplementary documents of foreign relations

Contracts and Legal documents concerning the federation Inventory lists, book lists and deduction files

Evidential documents of revenue and expenditure Check Book and Cancelled Checks

File of receipts

Former chairmen’ business transfer documents

Tax documents and non-profit group registration documents Other matters concerning the business transfer

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