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PETITION ACT

Wholly Amended by Act No. 7673, Aug. 4, 2005

Amended by Act No. 8171, Jan. 3, 2007

Act No. 12922, Dec. 30, 2014

 Article 1 (Purpose)
The purpose of this Act is to provide for the matters regarding the procedures for exercising the right of petition and handling of petitions under the provisions of Article 26 of the Constitution of the Republic of Korea.
 Article 2 (Relationship with Other Acts)
Unless otherwise stipulated in other Acts, petitions shall be governed by this Act.
 Article 3 (Petition-Accepting Institutions)
Any of the following institutions may accept a petition under this Act:
1. State agencies;
2. Local governments and their subordinate agencies;
3. Juristic persons, organizations, institutions or individuals that have, or are delegated or entrusted with, administrative authority under Acts and subordinate statutes.
 Article 4 (Matters for Petition)
Petitions may be submitted only in one of the following cases:
1. Redress for damages;
2. Demand for correction of and disciplinary action against illegalities or unjust acts committed by a public official;
3. Enactment, amendment or repeal of any Act, Decree, Municipal Ordinance, Rule, etc.;
4. Operation of public institutions or facilities;
5. Other matters which fall under the authority of state agencies, etc.
 Article 5 (Non-Acceptable Matters)
(1) In any of the following cases, a petition shall not be accepted:
1. Where procedures for inquiry, appeal or relief, such as inspection, investigation, trial, administrative adjudication, coordination, arbitration, etc., is underway under other Acts or subordinate statutes;
2. Where a petition subjects another person to criminal punishment or disciplinary action by alleging false facts, or libels and slanders state agencies, etc.;
3. Where a petition is related to the conflict of rights between private persons, or to the privacy of an individual;
4. Where the name, address, etc. of the petitioner, or the subject matter of a petition is unclear.
(2) Where an agency which received a petition declines to accept the petition due to a ground falling under any of the subparagraphs of paragraph (1), it shall notify in writing the petitioner of such ground.
 Article 6 (How to Submit Petitions)
(1) A petition shall be made by a written application (including an electronic document under the Electronic Government Act), stating the petitioner's name (in the case of a corporation, its name and its representative's name), and domicile or temporary domicile with signature thereon. <Amended by Act No. 8171, Jan. 3, 2007>
(2) If a number of persons jointly file a petition, up to three representatives shall be appointed to be notified of the results thereof, and this fact shall be mentioned in the written petition.
(3) A written petition shall indicate the grounds and purposes of the petition and, if necessary, may be accompanied by reference materials.
 Article 7 (Submission of Petitions and Request for Supplementation)
(1) A petition shall be submitted to an agency which is in charge of the matters for the petition.
(2) Where an agency which received a petition deems that a written petition is incomplete, it may request the petitioner to supplement it specifying the matters to be supplemented and a period for supplement. <Newly Inserted by Act No. 12922, Dec. 30, 2014>
(3) Where an agency which received a petition deems that the subject matter of the petition is beyond its jurisdiction, it shall transfer the petition to an agency in charge and notify the petitioner thereof. <Amended by Act No. 12922, Dec. 30, 2014>
 Article 8 (Prohibition on Double Submission of Petition)
Where a person submits a petition of the same subject matter to the same agency twice or on more occasions or the same petition is submitted to two or more agencies, the petition submitted later may be declined.
 Article 9 (Examination of Petitions)
(1) An agency which received a petition shall examine and handle it in a faithful and fair manner.
(2) Where an agency which received a petition deems it necessary for the examination of the petition, it may listen to the statements of the petitioner, interested persons, and persons with extensive knowledge and experience in related fields. In such cases, it may pay travel expenses and allowances to persons who have given their statements (excluding petitioners) within budgetary limits. <Newly Inserted by Act No. 12922, Dec. 30, 2014>
(3) When an agency in charge of petition has received a petition, it shall notify the petitioner of the results thereof within 90 days thereafter, in the absence of special circumstances. <Amended by Act No. 12922, Dec. 30, 2014>
(4) Where an agency in charge of petition deems that it is difficult to handle the petition within the period provided for in paragraph (3) due to an unavoidable ground, it may extend such period once, for up to 60 days. In this case, the agency shall immediately notify the petitioner of the ground and expected handling period. <Amended by Act No. 12922, Dec. 30, 2014>
 Article 9-2 (Raising Objection)
Where a petition is not handled during the period provided for in Article 9, the petitioner may raise an objection to an agency in charge of the petition.
[This Article Newly Inserted by Act No. 12922, Dec. 30, 2014]
 Article 10 (Provisions for Delegation)
An agency in charge of petition may establish regulations to govern the handling of petitions and other matters, within the scope not violating this Act.
 Article 11 (Prohibition on Harming)
No one may file a petition with the intention to harm another person by alleging false facts.
 Article 12 (Prohibition on Discrimination)
Anyone shall not be discriminated against, nor forced to suffer any disadvantage on the ground that he/she has filed a petition.
 Article 13 (Penalty Provisions)
Anyone who violates the provisions of Article 11 shall be punished by imprisonment with labor for up to five years, or a fine of up to ten million won.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability) This Act shall apply to the petitions submitted on or after the date this Act enters into force.
ADDENDA <Act No. 8171, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12922, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability)
This Act shall begin to apply to the first petition submitted after this Act enters into force.