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ACT ON THE INSPECTION AND INVESTIGATION OF STATE ADMINISTRATION

Act No. 4011, Aug. 5, 1988

Amended by Act No. 5454, Dec. 13, 1997

Act No. 6267, Feb. 16, 2000

Act No. 6658, Mar. 7, 2002

Act No. 6857, Feb. 4, 2003

Act No. 7973, Sep. 22, 2006

Act No. 9129, Aug. 25, 2008

Act No. 10048, Mar. 12, 2010

Act No. 10651, May 19, 2011

Act No. 11414, Mar. 21, 2012

Act No. 12501, Mar. 18, 2014

Act No. 14374, Dec. 16, 2016

Act No. 15619, Apr. 17, 2018

 Article 1 (Purpose)
The purpose of this Act is to provide for procedures for the inspection and investigation of state administration and other necessary matters.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 2 (Inspection of State Administration)
(1) The National Assembly shall conduct an annual inspection of overall state affairs by competent standing committees, setting a period of not more than 30 days from the date on which the inspection of state administration (hereinafter referred to as “inspection”) commences before the regular session is convened: Provided, That such inspection may take place during the regular session by a resolution of the plenary session.
(2) Inspections referred to in paragraph (1) shall be carried out according to an inspection plan formulated by the Chairperson of the relevant standing committee in consultation with the House Steering Committee. In special circumstances, such as the overlapping of agencies subject to inspection or of inspection schedules among the standing committees, the House Steering Committee may make adjustments.
(3) The inspection plan referred to in paragraph (2) shall include matters necessary for inspections, such as composition of an inspection squad, inspection schedules, and how to conduct inspections.
(4) The inspection plan referred to in paragraph (2) shall be formulated at the first annual extraordinary session and notified to agencies subject to inspection referred to in Article 7: Provided, That in a year in which a general election is held, such a plan may be formulated and notified at the extraordinary or regular session of the newly-formed National Assembly.
(5) Where an alternation is made to the inspection plan under paragraph (4), such as agencies subject to inspection or inspection schedules, details thereof shall be notified to the agencies subject to inspection no later than seven days before the inspection commences.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 3 (Investigation of State Administration)
(1) The National Assembly shall require a special or standing committee to conduct an investigation of state administration (hereinafter referred to as “investigation”) into a specific state affair if requested by not less than 1/4 of all assemblymen.
(2) A request for an investigation referred to in paragraph (1) shall be made in writing specifying the purpose of the investigation, scope of the matters to be investigated, the committee to conduct the investigation, and so forth and jointly signed by the requesting assemblymen (hereinafter referred to as "written request for investigation").
(3) Upon receiving a written request for an investigation, the Speaker shall report it without delay to the plenary session, and constitute a special committee to conduct the investigation after consulting with the assemblymen representing each negotiation group, or determine a committee to conduct the investigation referring it to the relevant standing committee (hereinafter referred to as the "investigating committee"). In such cases, when the National Assembly is out of session or in recess, the written request for investigation shall be deemed a request for convocation or resumption of the National Assembly.
(4) The investigating committee shall submit to the plenary session an investigation plan specifying the purpose of investigation, scope of the matters to be investigated, method of investigation, period necessary for investigation, expenses incurred therein, etc., and conduct the investigation after obtaining approval from the plenary session.
(5) The plenary session shall examine an investigation plan referred to in paragraph (4), and then approve or return it by resolution.
(6) If an investigation plan is returned from the plenary session, no investigating committee may resubmit it to the plenary session without any modification.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 4 (Investigating Committees)
(1) The special committee prescribed in Article 3 (3) shall be comprised according to the proportion of the number of the assemblymen belonging to each negotiation group: Provided, That any assemblymen in the negotiation group who refuse to take part in an investigation may be excluded.
(2) The special committee referred to in paragraph (1) shall have one chairperson of the committee and one executive secretary for each negotiation group who shall be elected by and from among its members, and shall report thereon to the plenary session.
(3) If the chairperson of the investigating committee is unable to perform his/her duties due to an accident or his/her refusal or evasion of conducting his/her duties, and the investigating committee thereby encounters difficulties in its activities, the duties shall be performed on behalf of the chairperson by the executive secretary determined in the order of the executive secretaries belonging to the negotiation groups that have relatively more assemblymen, from among the executive secretaries belonging to the negotiation groups whereto the chairperson does not belong.
(4) The investigating committee may conduct its affairs by resolution even during the period when the National Assembly is not in session, and when it requests for any report related to an investigation, presentation of relevant documents, or submission of relevant photographs or videos held by an agency concerned (hereinafter referred to as “documents, etc.”), or for attendance of a witness, appraiser, or reference witness for the investigation, it may make such request without intermediation of the Speaker.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 5 (Subcommittees, etc.)
(1) Any committee conducting an inspection or investigation (hereinafter referred to as the "committee") may organize by its resolution a separate subcommittee or squad with two members or more, where necessary, and require it to conduct an inspection or investigation. Where the committee is a standing committee, it may require the permanent subcommittee referred to in Article 57 (2) of the National Assembly Act to conduct an inspection or investigation.
(2) No subcommittee or squad referred to in paragraph (1) may be comprised only of the assemblymen belonging to the same negotiation group.
(3) The provisions of the National Assembly Act or this Act concerning committees shall apply mutatis mutandis to subcommittees or squads referred to in paragraph (1) unless it is contrary to its nature.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 6 (Clerical Assistants)
(1) Clerical assistants may provide assistance to any inspection or investigation.
(2) Clerical assistants shall be the public officials of the National Assembly Secretariat, such as special counsels, public officials of the National Assembly Budget Office and the National Assembly Research Service, and policy researchers of the negotiation groups: Provided, That experts, etc. not belonging to agencies subject to inspection or investigation may be commissioned as clerical assistants if deemed particularly necessary.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 7 (Objects of Inspections)
The following agencies shall be subject to inspection:
1. State agencies established under the Government Organization Act and other Acts;
2. The Special Metropolitan City, Metropolitan Cities, and Dos, among local governments: Provided, That the scope of such inspection shall be limited to the duties delegated by the State and projects for which the State provides budgetary support, such as subsidies;
3. Public institutions referred to in Article 4 of the Act on the Management of Public Institutions, the Bank of Korea, the National Agricultural Cooperatives Federation, and the National Fisheries Cooperatives Federation;
4. In addition to those referred to in subparagraphs 1 through 3, local administrative agencies, local governments, and institutions subject to audit conducted by the Board of Audit and Inspection under the Board of Audit and Inspection Ac. In such cases, this shall be limited to cases determined as specifically necessary by the plenary session.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 7-2 (Inspections of Local Governments)
An inspection of a local government may be carried out by a squad jointly organized by two or more committees.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 8 (Limitation of Inspections or Investigations)
No inspection or investigation shall be carried out with the intention of infringing upon the privacy of an individual or interfering with a pending trial or prosecution of a case under investigation.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 9 (Operating Period of the Investigating Committee)
(1) The plenary session may extend the operating period of the investigating committee by resolution.
(2) If it is deemed unnecessary to continue the investigation for a long time after receiving an interim report of the investigating committee, the plenary session may shorten the operating period of the investigating committee by resolution.
(3) If the operating period of the investigating committee is not included in the investigation plan, then the operating period shall last until the plenary session adopts a resolution on the results of investigation by the investigating committee. the period shall last until
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 9-2 (Preliminary Investigations)
Prior to conducting an investigation, the committee may require the special counsels, other personnel of the National Assembly Secretariat, or experts, etc. not belonging to the agencies subject to investigation to conduct a preliminary investigation.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 10 (Methods of Inspections or Investigations)
(1) In order to execute an inspection or investigation, the committee, subcommittee or squad prescribed in Article 5 (1) may request, by its resolution, a related person, an agency or others to submit a report or documents, etc. related to the inspection or investigation, and request the attendance of a witness, appraiser or reference witness, and make a verification: Provided, That where the committee requests for the presentation of documents, etc. related to the inspection or investigation, it may do so by requests of not less than 1/3 of all incumbent members.
(2) Any presentation of documents, etc. under paragraph (1) may be requested to be made in writing, electronic documents, or in the state of being recorded in magnetic tapes or magnetic discs of computers, or other similar media thereto or being input in the computer networks.
(3) A committee (including a subcommittee and squad referred to in Article 5 (1); hereinafter the same shall apply) may hold a hearing for the purpose of adopting or examining evidence referred to in paragraph (1).
(4) Except as otherwise provided for in the Act on Testimony, Appraisal, etc. before the National Assembly, any person or agency shall, upon receiving a request under the main sentence of paragraph (1), comply therewith, and cooperate with the committee in the verification process and other activities.
(5) The procedure concerning the testimony, appraisal, etc. of a witness, appraiser or reference witness for an inspection or investigation shall be in compliance with conditions prescribed by the Act on Testimony, Appraisal, etc. before the National Assembly.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 11 (Places of Inspections or Investigations)
An inspection or investigation may be carried out at the National Assembly, on the spot to be inspected or investigated, or at any other places, as prescribed by the committee.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 12 (Principle of Opening to Public)
An inspection and investigation shall be open to the public: Provided, That the committee may determine otherwise by its resolution.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 12-2 (Establishment, etc. of Information System for Inspection of State Administration)
(1) The National Assembly may publicize the process and results of inspections including the followings in an electronic form:
1. An inspection plan under Article 2;
2. An inspection report under Article 15;
3. A report on the results of dealing with matters by the Government or relevant agencies under Article 16 (3);
4. Other matters provided for by National Assembly Regulations.
(2) The National Assembly may establish and operate an information system for inspection of state administration to publicize and manage information on inspections under paragraph (1).
(3) Matters necessary for establishing and operating an information system for inspection of state administration shall be provided for by National Assembly Regulations.
[This Article Newly Inserted by Act No. 15619, Apr. 17, 2018]
 Article 13 (Disqualification and Refrainment)
(1) If an assemblyman has direct interest or has an obvious reason to undermine fairness, he/she shall be disqualified from the inspection or investigation in the relevant case.
(2) If the plenary session or committee deems that any ground referred to in paragraph (1) exists, it shall have the assemblyman stop conducting the inspection or investigation by its resolution and require another assemblyman to do it.
(3) If the relevant assemblyman raises an objection to the measure referred to in paragraph (2), the objection shall be settled by resolution in the plenary session.
(4) If an assemblyman has any reason referred to in paragraph (1), he/she may refrain from an inspection or investigation only in the relevant case with permission of the committee.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 14 (Obligation to Pay Attention)
(1) Attention shall be given so as not to seriously impede the function and activities of the relevant agency or divulge any confidential information in conducting an inspection or investigation.
(2) No assemblyman or clerical assistant shall divulge any confidential information he/she becomes aware of through an inspection or investigation without good cause.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 15 (Report on Results of Inspections or Investigations)
(1) When the committee finishes an inspection or investigation, it shall prepare an inspection or investigation report and submit it to the Speaker without delay.
(2) The report referred to in paragraph (1) shall contain statements on the progress and results of the inspection or investigation, including the status of witness adoption or the result of witness examination, and opinions and recommendations; and the important documents on which the report is based shall be appended thereto.
(3) The Speaker shall, upon receiving the report as referred to in paragraph (1), report it to the plenary session without delay.
(4) The Speaker may require the committee to make an interim report.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 15-2 (Request for Support to Related Administrative Agencies)
Where an additional investigation is deemed necessary due to a short period of the investigation of state affairs, insufficient data, etc., or a preliminary investigation is needed, the plenary session or committees may request, by its resolution, the heads of the related administrative agencies, such as the Board of Audit and Inspection, to render such support as human resources, facilities, and equipment. In such cases, the heads of the related administrative agencies shall comply therewith unless there exist special circumstances.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 16 (Follow-Up Action on Results of Inspections or Investigations)
(1) The National Assembly shall take follow-up action on the results of the inspections or investigations by a resolution of the plenary session.
(2) Where any unlawful or unreasonable matters are found as a result of the inspections or investigations, the National Assembly shall, depending on the severity thereof, demand that the Government or relevant agencies take corrective measures, such as awarding compensation, taking disciplinary action, making improvements to the system, and adjusting budgets; and any matters deemed reasonable to be dealt with by the Government or relevant agencies shall be transferred to the Government or such agencies.
(3) The Government or relevant agencies shall deal with matters without delay which are subject to corrective measures or transferred under paragraph (2), and report the results thereof to the National Assembly.
(4) The National Assembly may take appropriate measures with respect to the report on the results referred to in paragraph (3).
(5) Where it is not certain which committee will be responsible for reporting results of dealing with matters provided for in paragraph (3) due to reasons such as expiration of the deadline for operations of the competent committee, the Speaker shall have a committee designated following consultations with the assemblymen representing each negotiation group replace such duties.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 17 (Disciplinary Action)
If an assemblyman who conducts an inspection or investigation fails to evade it despite the knowledge that a ground for exclusion under Article 13 exists, or violates the obligation to pay attention under Article 14, he/she may be disciplined, as prescribed by the National Assembly Act.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
 Article 18 (National Assembly Regulations)
Matters necessary for the enforcement of this Act shall be prescribed by the National Assembly Regulations.
[This Article Wholly Amended by Act No. 15619, Apr. 17, 2018]
ADDENDA
(1) This Act shall enter into force on the date of its promulgation.
(2) The "Special Committee for Fact-Finding on the May Gwangju Movement of Democratization", the "Special Committee for Investigation into Irregularities Caused by Exercising Political Power under the Fifth Republic", and the "Special Committee for Investigation into Unfairness in Both General Elections", which are organized by the National Assembly as at the time this Act enters into force shall be deemed a special committee authorized to conduct an investigation into state affairs under Article 3 of this Act.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 6267, Feb. 16, 2000>
This Act shall enter into force on May 30, 2000.
ADDENDUM <Act No. 6658, Mar. 7, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6857, Feb. 4, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 7973, Sep. 22, 2006>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (2) shall apply starting with the inspection of state administration as at the time this Act enters into force.
ADDENDA <Act No. 9129, Aug. 25, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 10048, Mar. 12, 2010>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (2) shall enter into force on March 19, 2010.
ADDENDUM <Act No. 10651, May 19, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11414, Mar. 21, 2012>
This Act shall enter into force on May 30, 2012.
ADDENDA <Act No. 12501, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Requests for Presentation of Documents, etc.)
The amended provisions of Article 4 (4) and Article 10 (1) and (2) shall apply starting with the documents, etc. which are first requested to be presented.
ADDENDA <Act No. 14374, Dec. 16, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This Act shall apply starting with the inspection or investigation of state affairs, which is first conducted after this Act enters into force.
ADDENDUM <Act No. 15619, Apr. 17, 2018>
This Act shall enter into force on the date of its promulgation.