FRAMEWORK ACT ON ADMINISTRATIVE REGULATION
Act No. 5368, Aug. 22, 1997
Amended by Act No. 5529, Feb. 28, 1998
Act No. 7797, Dec. 29, 2005
Act No. 8852, Feb. 29, 2008
Act No. 9532, Mar. 25, 2009
Act No. 9965, Jan. 25, 2010
Act No. 11690, Mar. 23, 2013
Act No. 11935, Jul. 16, 2013
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe basic matters concerning administrative regulations, thereby contributing to the improvement of the quality of life of citizens and the enhancement of national competitiveness in a sustained manner by facilitating self-regulation and creative initiative in social and economic activities through the repeal of unnecessary administrative regulations and the prevention of inefficient administrative regulations.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| (1) | The terms used in this Act shall be defined as follows: |
| 1. | "Administrative regulations" (hereinafter referred to as "regulations") means restrictions on the rights of citizens (including foreigners subject to Acts of the Republic of Korea) or duties imposed thereon by the State or local governments to accomplish a specific administrative objective, which are prescribed by Acts and subordinate statutes, Municipal Ordinances or Municipal Rules; |
| 2. | "Acts and subordinate statutes" means Acts, Presidential Decrees, Ordinance of the Prime Minister, Ordinance of the Ministry and other public notices, etc. mandated thereunder; |
| 3. | "Existing regulations" means regulations prescribed based on other Acts as at the time this Act enters into force, and those prescribed according to the procedure specified in this Act after this Act enters into force; |
| 4. | "Administrative agencies" means agencies that have administrative authority according to Acts and subordinate statutes, Municipal Ordinances or Municipal Rules, and juristic persons, organizations, institutions and individuals delegated or entrusted with the said authority; |
| 5. | "Regulatory impact analysis" means to predict and analyze the impact of a regulation on the everyday lives of citizens, as well as on the social, economic, administrative and any other aspects by using objective and scientific means, and thus to establish a standard which serves as the basis for determining the appropriateness of the regulation. |
| (2) | The concrete scope of the regulations shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 3 (Scope of Application) |
| (1) | Unless otherwise provided for in other Acts, administrative regulations shall be governed by this Act. |
| (2) | This Act shall not apply to matters falling under any of the following subparagraphs: |
| 1. | Affairs executed by the National Assembly, the Courts, the Constitutional Court, the Election Commission, and the Board of Audit and Inspection; |
| 2. | Affairs relevant to criminal matters, criminal administration, and security measures; |
| 5. | Matters relevant to military installations, the protection of military secrets, and the defense industry; |
| 6. | Matters relevant to the items, rates, imposition and collection of taxes. |
| (3) | Local governments shall take necessary measures for the registration and promulgation of regulations prescribed by Municipal Ordinances and Municipal Rules, review of establishment or reinforcement of new and existing regulations, revision of existing regulations, establishment of regulation-review organization, etc., according to the purport of this Act. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 4 (Principle of Regulation by Acts) |
| (1) | Regulations shall be based on Acts, and the contents thereof shall be provided in clear and unambiguous language. |
| (2) | Regulations shall be directly provided for by Acts, and the specific details of the regulations may be determined by Presidential Decree, Ordinance of the Prime Minister, Ordinance of the Ministry, or Municipal Ordinances and Municipal Rules, as entrusted by Acts or higher Acts and subordinate statutes by fixing the specific scope thereof: Provided, That when the Acts and subordinate statutes mandate professional, technical or minor matters which need to be mandated due to relevant extenuating circumstances considering the nature of affairs by specifying the scope thereof in detail, regulations may be prescribed by public notice, etc. |
| (3) | No administrative agencies may limit the rights of citizens or impose duties on citizens pursuant to regulations that are not based on Acts. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 5 (Principles of Regulations) |
| (1) | The State or local governments shall respect the freedom and creative initiative of citizens and shall not infringe on the essential purport thereof in establishing a new regulation. |
| (2) | The State or local governments shall make sure to establish effective regulations in order to protect the lives, human rights, public health, environment, etc. of citizens and ensure the safety of foods and medical goods, in establishing a new regulation. |
| (3) | The scope and means of regulations shall be set forth to ensure objectivity, transparency and fairness through the most effective means within the minimum extent required to realize the objectives of such regulations. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 6 (Registration and Promulgation of Regulations) |
| (1) | The head of a central administrative agency shall register the name, content, legal basis, administering agency, etc. of a regulation under his/her jurisdiction with the Regulatory Reform Committee (hereinafter referred to as the "Committee") under Article 23. |
| (2) | The Committee shall prepare and promulgate lists of regulatory affairs registered under paragraph (1), and submit it to the National Assembly by the end of June each year. |
| (3) | If the Committee finds a regulation that is not registered upon conducting an ex officio investigation, it shall require the head of the relevant central administrative agency to immediately register the regulation with the Committee, or to submit a revision plan of Acts and subordinate statutes which is intended to abolish the regulation in question, and the head of the relevant central administrative agency shall comply therewith unless any extraordinary circumstances exist to the contrary. |
| (4) | Necessary matters for the methods, procedures, etc. of registration and announcement of regulations under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
CHAPTER II PRINCIPLES AND EXAMINATION OF ESTABLISHMENT AND REINFORCEMENT OF REGULATIONS
| Article 7 (Regulatory Impact Analysis and Independent Examination) |
| (1) | When the head of a central administrative agency intends to establish a new regulation or reinforce existing regulations (including the extension of the effective period of regulations; hereinafter the same shall apply), he/she shall conduct a regulatory impact analysis taking account of the following matters comprehensively, and prepare a regulatory impact analysis report: |
| 1. | Necessity of establishing a new regulation or reinforcing existing regulations; |
| 2. | Feasibility of the objectives of the regulation; |
| 3. | Existence of alternative means to the regulation, or possible overlapping with existing regulations; |
| 4. | Comparative analysis on costs and benefit which is to be borne by or enjoyed by the citizens and groups subject to regulation following its implementation; |
| 5. | Whether competition-restricting factors are included; |
| 6. | Objectivity and clarity of a regulation; |
| 7. | Administrative organization, human resources, and required budget following the establishment or reinforcement of regulations; |
| 8. | Whether documents required for relevant civil affairs, procedures for handling it, etc. are appropriate. |
| (2) | The head of a central administrative agency shall issue a general public announcement concerning the regulatory impact analysis report under paragraph (1) during the pre-announcement period of legislations, supplement the regulatory impact analysis report after reviewing the submitted opinions, and shall notify the persons who have submitted their opinions of the results of handling the submitted opinions. |
| (3) | The head of a central administrative agency shall determine the subject, scope, method, etc. of regulations based on the findings of the regulatory impact analysis under paragraph (1), and conduct an independent examination on the propriety thereof. In such cases, the opinions of relevant experts, etc. shall be fully reflected in the examination. |
| (4) | Necessary matters for the method and procedure of a regulatory impact analysis, and the guidelines for preparation, method of announcement, etc. of a regulatory impact analysis report shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 8 (Stipulation of Effective Period of Regulations) |
| (1) | When the head of a central administrative agency intends to establish a new regulation or reinforce existing regulations, he/she shall stipulate in the relevant Acts and subordinate statutes the effective period or review period (referring to the period applied exclusively to a regulation that is deemed necessary to be abolished or relaxed following the result of a regular examination on its implementation) of regulations which have no evident grounds to remain in force. <Amended by Act No. 11935, Jul. 16, 2013> |
| (2) | The effective period or review period for which the regulation remains in force shall be set as no longer than what is required to achieve the objectives of the regulation and the period shall not exceed five years in principle. <Amended by Act No. 11935, Jul. 16, 2013> |
| (3) | The head of a central administrative agency shall request an examination to the Committee under Article 10 by six months prior to the expiration of the effective period or review period of the regulation, if extension in the effective period or review period thereof is deemed necessary. <Amended by Act No. 11935, Jul. 16, 2013> |
| (4) | The Committee may, if deemed necessary in making an examination under Articles 12 and 13, recommend the head of a central administrative agency to set the effective period or review period of the regulation in question. <Amended by Act No. 11935, Jul. 16, 2013> |
| (5) | When the head of a central administrative agency deems it necessary to extend the effective period or review period of a regulation provided for in Acts, he/she shall submit, to the National Assembly, a draft amendment to the effect that the effective period or review period of the regulation needs to be extended by three months prior to the expiration of the effective period or review period of the regulation in question. <Amended by Act No. 11935, Jul. 16, 2013> |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 9 (Hearing Public Opinions) |
If the head of a central administrative agency intends to establish a new regulation or reinforce existing regulations, he/she shall sufficiently hear the opinions of administrative agencies, civic groups, interested parties, research institutes, experts, etc. in such means as public hearings, pre-announcement of legislations, etc.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 10 (Request for Examinations) |
| (1) | The head of a central administrative agency shall request for an examination to the Committee if he/she intends to establish a new regulation or reinforce existing regulations. In cases of a legislative bill, the request for an examination shall be made prior to filing a request for an examination of the legislative bill with the Minister of Government Legislation. |
| (2) | When the head of a central administrative agency requests an examination under paragraph (1), he/she shall submit to the Committee a draft of the regulation, along with the following matters: |
| 1. | A regulatory impact analysis report under Article 7 (1); |
| 2. | Opinion from an independent examination under Article 7 (3); |
| 3. | Summary of opinions submitted by administrative agencies, interested parties, etc. under Article 9. |
| (3) | When the Committee is requested for the examination of regulations under paragraph (1), it may request a submission of adjustment plans for regulations subject to the relevant Acts and subordinate statutes. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 11 (Preliminary Examinations) |
| (1) | The Committee shall determine whether a regulation in question requires review (hereinafter referred to as "important regulation") stipulated in Article 12 within ten days from the date on which it is requested for an examination under Article 10, in consideration of the ripple effects by a regulation in question on the daily lives and socio-economic activities of citizens. |
| (2) | Regulations determined as unimportant by the Committee under paragraph (1) shall be deemed to have undergone the examinations of the Committee. |
| (3) | The Committee shall promptly notify the head of the relevant central administrative agency of the result of a decision made under paragraph (1). |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 12 (Examinations) |
| (1) | The Committee shall complete an examination of regulations which are determined as important regulations under Article 11 (1) within 45 days from the date on which a request for examination is made: Provided, That if an extension of the examination period is inevitable, the Committee may extend it only once by a duration not exceeding 15 days. |
| (2) | The Committee shall review whether the relevant central administrative agency's independent review has been conducted in a reasonable manner according to the appropriate procedures, based on reliable data and sources. |
| (3) | The Committee may demand that the head of the relevant central administrative agency provide supplementary documents to those appended pursuant to the subparagraphs of Article 10 (2), if such supplementary data is required. In such cases, the period taken for the supplementation shall not be included in the examination period under paragraph (1). |
| (4) | When the Committee completes the examination under paragraph (1), it shall promptly notify the head of the relevant central administrative agency of its findings. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 13 (Examinations of Establishment or Reinforcement of Urgent Regulations) |
| (1) | The head of a central administrative agency may request for an examination to the Committee without following the procedures specified in Articles 7, 8 (3), 9 and 10, if special grounds exist for immediate establishment or reinforcement of a regulation. In such cases, the grounds therefor shall be stated clearly. |
| (2) | If the Committee determines that the regulation requested for the examination under paragraph (1) is deemed urgent, it shall review as to whether the establishment or reinforcement of the regulation is reasonable within 20 days from the date on which the request for an examination is made, and notify the head of the relevant central administrative agency of its findings. In such cases, the head of the relevant central administrative agency shall submit, within 60 days from the date on which he/she is notified of the Committee's review results, the regulatory impact analysis report to the Committee. |
| (3) | The Committee may, if it determines that the regulation requested to be examined under paragraph (1) is deemed not urgent, within ten days from the date on which it receives a request for an examination, demand that the head of the relevant central administrative agency follow the procedures provided for in Articles 7 through 10. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 14 (Recommendation of Improvement) |
| (1) | The Committee may recommend to the head of the relevant central administrative agency the withdrawal or improvement of new or reinforced regulations, if deemed necessary based on the findings of the examination under Articles 12 and 13. |
| (2) | The head of the relevant central administrative agency in receipt of a recommendation under paragraph (1) shall comply therewith, unless any special grounds exist to the contrary, and shall submit the result of the procedure to the Committee, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 15 (Re-Examinations) |
| (1) | The head of a central administrative agency may request the Committee to conduct re-examination, as prescribed by Presidential Decree, if he/she has objections to the findings of the examination by the Committee, or has special circumstances deemed difficult for him/her to take a measure as recommended by the Committee. |
| (2) | When the Committee is requested for the re-examination under paragraph (1), it shall complete the re-examination within 15 days from the date on which such request is made, and notify the head of the relevant central administrative agency of its findings. |
| (3) | Article 14 shall apply mutatis mutandis to the re-examination under paragraph (2). |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 16 (Compliance with Examination Procedures) |
| (1) | The head of a central administrative agency shall not establish a new regulation or reinforce existing regulations without undergoing the examination by the Committee. |
| (2) | When requesting for the examination of a legislative bill which includes a regulation to be established or reinforced to the Minister of Government Legislation, the head of a central administrative agency shall include an examination opinion of the Committee on the regulation in question to the Minister of Government Legislation. The same shall apply to cases of presenting a legislative bill to the State Council. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
CHAPTER III REVISION OF EXISTING REGULATIONS
| Article 17 (Submission of Opinions) |
| (1) | Anyone may submit his/her opinion(s) on the abolishment or amendment (hereinafter referred to as "revision") of an existing regulation to the Committee. |
| (2) | Necessary matters for the method and procedures of submitting opinions under paragraph (1) shall be determined by Presidential Decree. |
| Article 18 (Examinations of Existing Regulations) |
| (1) | The Committee may review revision of existing regulations in any of the following cases: <Amended by Act No. 7797, Dec. 29, 2005; Act No. 9965, Jan. 25, 2010> |
| 1. | Where the Committee has acknowledged the need to review an opinion submitted under Article 17; |
| 2. | Deleted; <by Act No. 9532, Mar. 25, 2009> |
| 3. | Where the Committee has acknowledged the need for a review of a specific existing regulation after gathering the opinions of interested parties, experts, etc. |
| (2) | Articles 14 and 15 shall be applicable mutatis mutandis to examinations under paragraph (1). <Amended by Act No. 9965, Jan. 25, 2010> |
| Article 19 (Independent Revision of Existing Regulations) |
| (1) | The head of a central administrative agency shall annually select regulations under his/her jurisdiction which require revision and revise them, after gathering the opinions of interested parties, experts, etc. on those existing regulations. |
| (2) | The head of a central administrative agency shall submit the results of the revision under paragraph (1) to the Committee, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 19-2 (Stipulation of Effective Period and Review Period of Existing Regulations) |
| (1) | The head of a central administrative agency shall stipulate in the relevant Acts and subordinate statutes the effective period or review period of regulations proved to have no evident grounds to remain in force after an examination on the existing regulations. |
| (2) | Regarding the stipulation of the effective period or review period of the existing regulations pursuant to paragraph (1), Article 8 (2) through (5) shall be applied mutatis mutandis. |
[This Article Newly Inserted by Act No. 11935, Jul. 16, 2013]
| Article 20 (Establishment of Comprehensive Plan to Revise Regulations) |
| (1) | The Committee shall select the field of regulations or specific regulations in force requiring priority revision each year, prepare the revision guidelines of existing regulations, and notify the head of a central administrative agency thereof, following the resolution of the Committee. In such cases, the Committee may, if deemed necessary, set a deadline for the revision of a specific regulation in force in the revision guidelines. |
| (2) | The head of a central administrative agency shall establish a revision plan for regulations under his/her jurisdiction according to the revision guidelines under paragraph (1), and submit it to the Committee. |
| (3) | The Committee shall establish a comprehensive plan for regulation revision of the Government by integrating a regulation revision plan of each central administrative agency under paragraph (2), and shall announce the details thereof after reporting to the President following deliberation by the State Council. |
| (4) | The method and procedure of establishing and announcing the comprehensive plan for regulation revision shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 21 (Implementation of Comprehensive Plan for Regulation Revision) |
| (1) | The head of a central administrative agency shall revise regulations in force under his/her jurisdiction according to the Government's comprehensive plan for regulation revision established and announced under Article 20, and shall submit the results to the Committee, as prescribed by Presidential Decree. |
| (2) | The head of a central administrative agency shall complete adjusting the existing regulations having deadlines determined and notified by the Committee pursuant to the latter part of Article 20 (1) by the specified deadline, and shall notify the Committee of the results: Provided, That if the head of the central administrative agency fails to complete the revision by the deadline set by the Committee, he/she shall immediately submit, to the Committee, the revision plan of the existing regulations specifically stating the grounds therefor, and shall notify the Committee of the results after completing the revision thereof. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 22 (Organizational Restructuring, etc.) |
| (1) | The Committee shall notify the heads of the central administrative agencies that take charge of governmental organizations and budgets when the revision of an existing regulation is complete. |
| (2) | The head of the relevant central administrative agency in receipt of the notification under paragraph (1) shall devise a plan for the rationalization of the governmental organizations or the budget in accordance with the revision of an existing regulation. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
CHAPTER IV REGULATORY REFORM COMMITTEE
| Article 23 (Establishment) |
A Regulatory Reform Committee shall be established under the jurisdiction of the President to deliberate upon and coordinate the Government's regulation policies as well as to comprehensively carry out matters concerning the examination, revision, etc. of regulations.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
The Committee shall deliberate upon and coordinate the following matters:
| 1. | Matters concerning basic direction-setting for regulation policy as well as research and development of regulatory system; |
| 2. | Matters concerning the examination of establishing and reinforcing new or existing regulations; |
| 3. | Matters concerning the examination of existing regulations, and establishment and implementation of a comprehensive plan for regulatory revision; |
| 4. | Matters concerning the registration and announcement of regulations; |
| 5. | Matters concerning hearing and dealing with opinions on regulatory revision; |
| 6. | Matters concerning the inspection and evaluation of the actual condition of regulatory revision conducted by each level of administrative agencies; |
| 7. | Other matters deemed by the chairperson of the Committee as requiring deliberation and coordination by the Committee. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 25 (Composition, etc.) |
| (1) | The Committee shall be comprised of not less than 20, but not more than 25 members, including two chairpersons of the Committee. |
| (2) | The Prime Minster and the person commissioned by the President, from among those who have extensive knowledge and experience, shall be the chairpersons of the Committee. |
| (3) | The members of the Committee shall be those commissioned by the President, from among those who have extensive knowledge and experience, and public officials prescribed by Presidential Decree. In such cases, members who are not public officials shall comprise a majority of the total members of the Committee. |
| (4) | The Committee shall have an executive secretary who is appointed by the chairperson who is not the Prime Minister, from among members who are not public officials. |
| (5) | The term of office of members who are not public officials shall be two years, and they may be reappointed only once. |
| (6) | If both chairpersons of the Committee are unable to perform their duties due to unavoidable circumstances, the member designated by the Prime Minister shall act on behalf of the chairpersons. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
Meetings of the Committee shall adopt resolutions by the affirmative vote of a majority of all incumbent members.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 27 (Guarantee of Status as Members) |
No member shall be subject to dismissal or removal from his/her office against his/her own will, except any case under the following subparagraphs:
| 1. | Where he/she is sentenced to imprisonment without labor or heavier punishment; |
| 2. | Where he/she is unable to carry out his/her duties due to long-term mental or physical breakdown. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 28 (Subcommittees) |
| (1) | Subcommittees for each field may be established under the Committee for the efficient management of its affairs. |
| (2) | That which has been deliberated upon and resolved by a subcommittee concerning matters delegated to the subcommittees by the Committee shall be deemed to have been deliberated upon and resolved by the Committee. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 29 (Expert Members, etc. of Committee) |
The Committee may have expert members and researchers who take charge of professional investigation and research concerning its affairs.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 30 (Investigation, Hearing of Opinion, etc.) |
| (1) | The Committee may take any of the following measures, if deemed necessary for carrying out its functions under Article 24: |
| 1. | Request for the explanation or presentation of data or documentation to the relevant administrative agency; |
| 2. | Request for the attendance and statements of opinion by interested parties, reference persons, or public officials concerned; |
| 3. | On-site investigation of relevant administrative agencies, etc. |
| (2) | The head of a relevant administrative agency may require public officials under his/her control or relevant experts to attend the Committee and to state their opinions or submit necessary data, in respect of the examination, etc. of regulations. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 31 (Dealing with Affairs, etc. of Committee) |
| (1) | A specialized secretariat shall be established under the Committee to deal with the Committee's affairs. |
| (2) | The Committee may designate a specialized research institution to support its specialized examination tasks. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 32 (Legal Fiction as Public Officials in Application of Penal Provisions) |
Members, expert members and researchers who are not public officials, among the members of the Committee, shall be deemed public officials in the application of penal provisions under the Criminal Act and other Acts. [This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 33 (Organization and Management) |
In addition to those provided for in this Act, necessary matters for the organization, management, etc. of the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 34 (Inspection and Evaluation of Regulatory Improvement) |
| (1) | The Committee shall verify and inspect the improvement and actual operational conditions of regulations of each administrative agency for the effective regulatory improvement. |
| (2) | The Committee shall evaluate the findings of the verification and inspection under paragraph (1) and report thereon to the President and the State Council. |
| (3) | The Committee may request that relevant specialized institutions conduct public opinion surveys for objectively carrying out the verification, inspection and evaluation under paragraphs (1) and (2). |
| (4) | If the Committee deems that regulatory improvement has been passive or not implemented appropriately based on the results of its verification, inspection and evaluation under paragraphs (1) and (2), it may suggest the necessary measures for the revision thereof to the President. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 35 (White Paper on Regulatory Reform) |
The Committee shall annually publish and promulgate a white paper regarding the status of major governmental regulatory reform issues to citizens.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 36 (Administrative Support, etc.) |
The Minister of the Office for Government Policy Coordination shall study regulation-related systems and provide the necessary support for the management of the Committee. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
| Article 37 (Responsibilities, etc. of Public Officials) |
| (1) | Public officials shall not be subject to any disadvantageous disposition or unfair treatment because of the negative outcomes of regulatory improvement affairs which they have promoted, where negative consequences are unintentional or there has been no gross negligence. |
| (2) | The head of a central administrative agency shall award a prize or grant preferential treatment in personnel management to public officials who have made distinguished contributions to the promotion of regulatory improvement. |
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date determined by Presidential Decree within one-year period after the date of its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Special Case for Independent Improvement of Existing Regulations as at Time This Act Enters into Force)
| (1) | The head of a central administrative agency shall draw up and implement a year-by-year plan for improvement of all regulations under his/her jurisdiction as at the time this Act enters into force by December 31 of the fifth year from the time this Act enters into force, as prescribed by Presidential Decree, and this shall take the place of independent improvement of existing regulations under Article 19. |
| (2) | The head of a central administrative agency shall submit a year-by-year improvement plan and the results of implementation to the Committee under paragraph (1), as prescribed by Presidential Decree. |
Article 4 (Re-examination of Directives and Public Notices)
| (1) | The head of a central administrative agency or the head of a local government shall re-examine within one year after this Act enters into force the regulations provided for in the directives, establishment rules, guidelines, and public notices that are being implemented to determine whether they are based on Acts and subordinate statutes, Municipal Ordinances or Municipal Rules, under Article 4. |
| (2) | After re-examination under paragraph (1), the head of a central administrative agency or the head of a local government shall promptly abolish or prescribe the basis in relevant Acts and subordinate statutes, Municipal Ordinances or Municipal Rules for regulations provided in directives, established rules, guidelines, or public notices that are not based on Acts and subordinate statutes, Municipal Ordinances or Municipal Rules under Article 4. |
Article 5 Omitted.
ADDENDA<Act No. 5529, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 7797, Dec. 29, 2005>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9532, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM<Act No. 9965, Jan. 25, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 11935, Jul. 16, 2013>
This Act shall enter into fore one month after the date of its promulgation.