ACT ON THE PROMULGATION OF STATUTES, ETC.
Act No. 1539, Dec. 16, 1963
Amended by Act No. 2585, Mar. 9, 1973
Act No. 3573, Nov. 29, 1982
Act No. 5454, Dec. 13, 1997
Act No. 8997, Mar. 28, 2008
Act No. 10059, Mar. 12, 2010
The purpose of this Act is to prescribe procedures for the promulgation of Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| Article 3 (Proposed Amendments to Constitution of Republic of Korea) |
The fact that amendments to the Constitution of the Republic of Korea are proposed either by the President or by a majority of the total members of the National Assembly shall be mentioned in the preamble of a public notification of the proposed amendments to the Constitution of the Republic of Korea, on which the President shall affix his/her seal after signing his/her name and write the date of public notification and which the Prime Minister and each member of the State Council shall countersign. [This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| Article 4 (Amendments to Constitution of Republic of Korea) |
The fact that proposed amendments to the Constitution of the Republic of Korea, having been introduced either by the President or by a majority of the total members of the National Assembly, have obtained the concurrence of two thirds or more of the total members of the National Assembly and have obtained in a national referendum the concurrence of a majority of all votes cast by a majority of voters entitled to vote in elections for members of the National Assembly, shall be mentioned in the preamble of promulgation of the amendments to the Constitution of the Republic of Korea, on which the President shall affix the seal of the State and his/her seal after signing his/her name and write the date of promulgation and which the Prime Minister and each member of the State Council shall countersign. [This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| (1) | The fact that bills have been passed by the National Assembly shall be mentioned in the preambles of promulgations of those Acts, on which the President shall affix his/her seal after signing his/her name and write the date of promulgation and which the Prime Minister and the competent members of the State Council shall countersign. |
| (2) | In cases of the Acts which the Speaker of the National Assembly promulgates in accordance with procedures as provided for in Article 53 (6) of the Constitution of the Republic of Korea, the fact that such Acts have been passed by the National Assembly and promulgated in accordance with the procedures as provided for in Article 53 (6) of the Constitution of the Republic of Korea, shall be mentioned in the pre ambles of promulgations of the said Acts, on which the Speaker of the National Assembly shall affix his/her seal after signing his/her name and write the date of promulgation. |
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
In cases of treaties, the fact that the treaties have obtained the consent of the National Assembly or have undergone the deliberation of the State Council shall be mentioned in the preambles of promulgations of those treaties, on which the President shall affix his/her seal after signing his/her name and write the date of promulgation and which the Prime Minister and the competent members of the State Council shall countersign.
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| Article 7 (Presidential Decrees) |
The fact that Presidential Decrees have undergone the deliberation of the State Council shall be mentioned in the preambles of promulgations of those Presidential Decrees, on which the President shall affix his/her seal after signing his/her name and write the date of promulgation and which the Prime Minister and the competent members of the State Council shall countersign.
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| Article 8 (Budgets, etc.) |
The fact that budgets and contracts incurring financial obligation on the State outside the budgets have been passed by the National Assembly shall be mentioned in the preambles of public notifications of the said budgets and contracts, on which the President shall affix his/her seal after signing his/her name and write the date of public notification and which the Prime Minister and the competent members of the State Council shall countersign.
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2009]
| Article 9 (Ordinances of Prime Minister, etc.) |
| (1) | In cases of promulgations of Ordinances of the Prime Minister, the Prime Minister shall write the date thereof and shall affix his/her seal after signing his/her name. |
| (2) | In cases of promulgations of Ordinances of Ministries, the relevant Minister shall write the date thereof and shall affix his/her seal after signing his/her name. |
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| Article 10 (Numbers of Acts and Subordinate Statutes) |
| (1) | In cases of promulgations of Acts, Presidential Decrees, Ordinances of the Prime Minister and Ordinances of Ministries, promulgation numbers shall be given to each of them in sequence. |
| (2) | The numbers as provided for in paragraph (1) shall be separately indicated on each of the Acts, Presidential Decrees, Ordinances of the Prime Minister and Ordinances of Ministries: Provided, That the numbers of Acts being promulgated by the Speaker of the National Assembly shall be separately indicated in accordance with procedures as provided for in the National Assembly Regulations, but marks which distinguish Acts promulgated by the President shall be assigned to such Acts. |
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| Article 11 (Procedures of Promulgation and Public Notification) |
| (1) | In cases where amendments to the Constitution of the Republic of Korea, Acts, treaties, Presidential Decrees, Ordinances of the Prime Minister, and Ordinances of Ministries are promulgated, and proposed amendments to the Constitution of the Republic of Korea, budgets, and contracts incurring financial obligation on the State outside the bud gets are publicly notified, they shall be published in the Official Gazette. |
| (2) | The promulgation of Acts by the Speaker of the National Assembly in accordance with procedures as provided for in the former part of Article 98 (3) of the National Assembly Act shall be published in two or more daily newspapers published in Seoul Special Metropolitan City. |
| (3) | The Official Gazette pursuant to paragraph (1), in principle, shall be published in a print edition (hereinafter referred to as "Official Gazette in a print edition") and the Official Gazette provided in an electronic form (hereinafter referred to as "Electronic Official Gazette") may be serviced complementarily. |
| (4) | The Official Gazette in a print edition shall take precedence in interpretation of details and time of application or such of the Official Gazette, and the Electronic Official Gazette shall have secondary force. |
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| Article 12 (Date of Promulgation and Public Notification) |
The date of promulgation or public notification of Acts and Subordinate statutes as provided for in Article 11 shall be the date on which the Official Gazette or newspapers including the said Acts and subordinate statutes are published. [This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| Article 13 (Enforcement Date) |
Presidential Decrees, Ordinances of the Prime Minister and Ordinances of Ministries shall enter into force 20 days after the date of their promulgation, unless otherwise provided for therein.
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2009]
| Article 13-2 (Grace Period of Enforcement of Acts and Subordinate Statutes) |
Acts, Presidential Decrees, Ordinances of the Prime Minister, and Ordinances of Ministries directly related to the limitation of rights or the imposition of obligations on citizens shall enter into force at least 30 days after the date of their promulgation, except in cases where special grounds for urgent enforcement exist.
[This Article Wholly Amended by Act No. 10059, Mar. 12, 2010]
| Article 14 Deleted.<by Act No. 10059, Mar. 12, 2010> |
ADDENDA
[Enforcement date: Dec. 17, 1963]
| (2) | (Repealed Decree) The Decree on Promulgation Methods is hereby repealed. |
| (3) | (Transitional Measures) The numbers of Acts, Cabinet Orders, and Ordinances of Ministries at the time when this Act enters into force shall be considered to be numbered in accordance with procedures as provided for in Article 10 (2) of this Act.
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ADDENDUM<Act No. 2585, Mar. 9, 1973>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 3573, Nov. 29, 1982>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM<Act No. 8997, Mar. 28, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM<Act No. 10059, Mar. 12, 2010>
This Act shall enter into force on the date of its promulgation.