REGULATIONS ON MANAGEMENT OF LEGISLATIVE AFFAIRS
Wholly Amended by Presidential Decree No. 15602, Dec. 31, 1997
Amended by Presidential Decree No. 16592, Oct. 30, 1999
Presidential Decree No. 18218, Jan. 9, 2004
Presidential Decree No. 18493, Jul. 29, 2004
Presidential Decree No. 18864, jun. 13, 2005
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19867, Feb. 2, 2007
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21239, Dec. 31, 2008
Presidential Decree No. 21533, jun. 9, 2009
Presidential Decree No. 21970, Dec. 31, 2009
Presidential Decree No. 22427, Oct. 5, 2010
Presidential Decree No. 23266, Oct. 27, 2011
Presidential Decree No. 24326, Jan. 22, 2013
Presidential Decree No. 24421, Mar. 23, 2013
Presidential Decree No. 24792, Oct. 10, 2013
Presidential Decree No. 25748, Nov. 19, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26599, Oct. 20, 2015
Presidential Decree No. 28042, May 8, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28521, Dec. 29, 2017
CHAPTER 1 GENERAL PROVISIONS
The purpose of this Decree is to implement State policies efficiently by increasing people's opportunities to participate in the legislative process and enhancing the effectiveness of statutes, and further to contribute to maximizing the rights and interest of the people, by prescribing matters necessary for the legislative activities of the Government, such as the enactment, amendment, and repeal of statutes, and other legislative affairs of the Government.
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
The term "statutes" in this Decree means any Act, Presidential Decree, Ordinance of the Prime Minister, and Ministerial Ordinance.
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 3 (Standards for Legislative Activities) |
All legislative activities shall be performed in accordance with the procedures prescribed by the Constitution and statutes, and promoted responsibly through sufficient consultation among government agencies related to legislation.
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
CHAPTER II FORMULATION AND IMPLEMENTATION OF GOVERNMENT'S LEGISLATIVE PLANS
| Article 4 (Overall Control and Coordination of Legislative Plans) |
The Minister of Government Legislation shall exercise overall control of and coordinate the legislative plans to be implemented by the Government.
| Article 5 (Formulation of Legislative Plans by Ministries and Agencies) |
| (1) | Each year, the Minister of Government Legislation shall prepare the guidelines for formulating the legislative plans of each central administrative agency to be facilitated in the relevant year, time for submission thereof, other matters requiring cooperation, etc., and notify the head of the relevant central administrative agency thereof by not later than October 31 of the previous year. |
| (2) | The head of a central administrative agency that intends to propose a Government Bill (hereinafter referred to as "head of an agency proposing a Government Bill") shall formulate annual legislative plans necessary for the implementation of a major project plan, etc. of the relevant year in accordance with the details notified under paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 6 (Details of Legislative Plans of Ministries and Agencies) |
| (1) | A legislative plan referred to in Article 5 (2) shall include an explanation of the necessity for the legislation, gist of its contents, schedule of the legislation, anticipated problems due to the legislation, etc. by Bill for each statute. |
| (2) | An explanation of the necessity for the legislation referred to in paragraph (1) shall state the actual status of operating the former system; background of promoting the legislation; effect resulting from the legislation; and, if any, opinions of related organizations, etc. on the legislation. |
| (3) | Schedule of the legislation referred to in paragraph (1) shall include timing for the preparation of a Bill; a plan for consultation with related agencies; pre-announcement of the legislation; a plan for holding hearings, if any; time for submitting it to the Ministry of Government Legislation; time for submitting it to the National Assembly; and expected date of the enforcement thereof. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 7 (Matters Requiring Attention when Formulating Legislative Plans of Ministries and Agencies) |
| (1) | When formulating a legislative plan, the head of an agency proposing a Government Bill shall ensure sufficient time for the consultation with related ministries and agencies, and provide the Ministry of Government Legislation and the National Assembly with sufficient time to deliberate on the legislation. |
| (2) | Attention shall be paid so that Bills can be proposed to the National Assembly evenly throughout a year and that any Bills that create budgets can be deliberated on during a regular session of the National Assembly while other Bills can be deliberated on during a provisional session of the National Assembly. <Amended by Presidential Decree No. 25748, Nov. 19, 2014> |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 8 (Formulation, etc. of Legislative Plans by Government) |
| (1) | The head of an agency proposing a Government Bill shall submit a legislative plan formulated under Article 5 to the Minister of Government Legislation by not later than November 30 of the previous year. In such cases, the head of an agency affiliated to the relevant Ministry shall submit it through the head of such Ministry. |
| (2) | Upon receipt of legislative plans submitted under paragraph (1), the Minister of Government Legislation shall formulate, without delay, the Government's legislative plan of the relevant year by incorporating them; and where necessary for the efficient formulation of the Government's legislative plan, after consulting with the heads of agencies proposing a Government Bill, he/she may amend the schedule of legislation or coordinate overlapping or conflicting matters among the legislative plans submitted under paragraph (1). |
| (3) | After reporting the Government's legislative plan formulated under paragraph (2) to the State Council, the Minister of Government Legislation shall issue public notice of the details thereof through the Official Gazette and post them on the Internet website. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 9 (Implementation and Revision of Government's Legislative Plans) |
| (1) | The head of an agency proposing a Government Bill shall propose a Bill in accordance with the Government's legislative plan. |
| (2) | In any of the following cases, the head of an agency proposing a Government Bill shall request the Minister of Government Legislation to revise the Government's legislative plan. In such cases, the latter part of Article 8 (1) shall apply mutatis mutandis: |
| 1. | Where any ground arises to withdraw the legislation of a Bill included in the Government's legislative plan; |
| 2. | Where any ground arises to facilitate the legislation of a Bill not included in the Government's legislative plan; |
| 3. | Where any ground arises to submit a Bill included in the Government's legislative plan not to a provisional session of the National Assembly but to a regular session of the National Assembly. |
| (3) | Upon receipt of a request for the revision of the Government's legislative plan pursuant to paragraph (2), the Minister of Government Legislation shall revise the Government's legislative plan in accordance with the request for revision, and notify the result thereof to the head of the relevant agency: Provided, That in the revised Government's legislative plan, if the time for submitting a Bill is changed from a provisional session to a regular session of the National Assembly or an additional Bill is submitted to a regular session of the National Assembly, the schedule of the legislation of such Bill may be revised following consultation with the head of the relevant agency. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 10 (Reports, etc. on Status of Government Legislation to the State Council) |
| (1) | Where necessary to facilitate advancement of the Government's legislative plan, or where the Government's legislative plan is revised under Article 9 (3), the Minister of Government Legislation may report the details of the revised Government's legislative plan or the status of Government legislation to the State Council. |
| (2) | Upon reporting the revised Government's legislative plan to the State Council pursuant to paragraph (1), the Minister of Government Legislation shall issue public notice of the details thereof through the Official Gazette and post them on the Internet website. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 10-2 (Mid- and Long-Term Legislative Plans) |
Where deemed necessary to enhance mid- and long-term predictability of national policies, the Minister of Government Legislation may formulate and implement mid- and long-term legislative plans following consultation with the heads of agencies proposing a Government Bill.
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
CHAPTER III COOPERATION IN LEGISLATIVE PROCESS
| Article 11 (Cooperation between Agencies in Legislative Process) |
| (1) | The head of an agency proposing a Government Bill shall consult with the heads of related agencies (including the heads of agencies subject to consultation based on laws and decrees) from the early stage of drafting a Bill; and upon drafting the Bill, he/she shall submit the details of the relevant Bill to the heads of related agencies (including the heads of agencies subject to consultation based on laws and decrees; and in a Bill affecting local governments, which falls under any of the following cases, including a consultative council of heads of local governments, etc. established under Article 165 of the Local Autonomy Act or the heads of the related local governments; hereafter the same shall apply in this Article) to consider their opinions: <Amended by Presidential Decree No. 24792, Oct. 10, 2013; Presidential Decree No. 28521, Dec. 29, 2017> |
| 1. | Where a Bill prescribes the organization, personnel management, finance, etc. of a local government; |
| 2. | Where a Bill prescribes that a local government or the head of the local government shall be granted a specific right or imposed duties on; |
| 3. | Where a Bill prescribes that particular matters shall be delegated to be determined by ordinance or rule of a local government; |
| 4. | Where a Bill prescribes that the affairs of the State shall be delegated to and be managed by a local government; |
| 5. | Other Bills affecting the administration, finance, etc. of a local government, which are prescribed by Ordinance of the Prime Minister, as deemed necessary to conduct consultation on them. |
| (2) | Where any of the following grounds arises in relation to the Bill which has undergone consultation with the heads of related agencies under paragraph (1), the head of the agency proposing such Bill shall submit again the details of the Bill to the heads of related agencies to consider their opinions: <Amended by Presidential Decree No. 24326, Jan. 22, 2013> |
| 1. | Where any content directly involving the rights and obligations of the people or people's lives is added; |
| 2. | Other cases where it is necessary to consult again with the heads of related agencies due to a change of the purport, an important matter, etc. of the Bill. |
| (3) | When the head of an agency proposing a Government Bill drafts a Bill for an Act or Decree that imposes a financial burden, he/she shall prepare a statement on estimated financial expenses to be incurred due to the enforcement of the relevant Bill, as prescribed by Ordinance of the Prime Minister, and append it to the Bill proposed to the State Council. |
| (4) | A period for providing opinions on a Bill under paragraphs (1) and (2) shall be at least ten days: Provided, That where a period for providing opinions is fixed at less than ten days in extenuating circumstances, such as the occurrence of a ground which compels urgently facilitating legislation, it may be shortened following consultation with the Minister of Government Legislation. |
| (5) | The head of an agency proposing a Government Bill and the Minister of Government Legislation shall ensure that consultation on Government legislation, coordination of opinions, and cooperation among Government agencies can be conducted efficiently throughout the legislative process, including the drafting of, deliberation on, and promulgation of Bills. |
| (6) | When the head of an agency proposing a Government Bill requests a corruption impact assessment under Article 28 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission and Article 30 of the Enforcement Decree of the same Act; a statistics-based policy evaluation under Article 12-2 of the Statistics Act; or an assessment of factors affecting the infringement of personal information under Article 8-2 of the Personal Information Protection Act, he/she shall simultaneously submit the details of a Bill to the heads of the related agencies in accordance with paragraphs (1) and (2). In such cases, the Anti-Corruption and Civil Rights Commission, the Commissioner of the Statistics Korea, and the Personal Information Protection Commission shall notify the results thereof to the head of the agency proposing the Government Bill before the end of the period for pre-announcement of legislation (where additional pre-announcement of legislation is made under Article 41 (4) of the Administrative Procedures Act, including such period for pre-announcement of legislation) except in extenuating circumstances. <Amended by Presidential Decree No. 24326, Jan. 22, 2013; Presidential Decree No. 24792, Oct. 10, 2013; Presidential Decree No. 28042, May 8, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 11-2 (Cooperation between Government Agencies on Bills Proposed by Members of the National Assembly) |
| (1) | When a Bill proposed by a member(s) of the National Assembly (hereinafter referred to as "member's Bill") is submitted to the competent Standing Committee of the National Assembly, etc., the Minister of Government Legislation shall give notice thereof to the head of the central administrative agency having jurisdiction over the relevant member's Bill (hereinafter referred to as "agency having jurisdiction over a member's Bill") and the heads of related agencies (including the heads agencies subject to consultation based on laws and decrees; hereinafter the same shall apply). |
| (2) | Upon receipt of a notice given under paragraph (1), the head of the agency having jurisdiction over the member's Bill shall seek opinions from the heads of related agencies on the relevant member's Bill for a fixed period of at least ten days as prescribed by Ordinance of the Prime Minister, in cases prescribed by Ordinance of the Prime Minister as requiring Ministerial cooperation in connection with the budget, organization, regulation, etc.: Provided, That the same shall not apply where good cause exists, such as where it is impracticable to specify a period of up to ten days due to the deliberation schedule of the National Assembly. <Amended by Presidential Decree No. 28042, May 8, 2017> |
| (3) | For the correlation of opinions inside the Government on a member's Bill notified under paragraph (1), or smooth legislation of such Bill, the head of a related agency may take necessary measures, such as suggesting his/her opinions to the head of the agency having jurisdiction over the member's Bill. |
| (4) | Where it is necessary to gather consensus from Government agencies to facilitate implementation of policies, the head of an agency having jurisdiction over the member's Bill shall proactively cooperate in the deliberation of the National Assembly on the relevant member's Bill after promptly undergoing consultation with the Governmental Legislative Policy Council established under Article 12-2 or coordination by a related coordination authority, such as the Office for Government Policy Coordination. |
| (5) | Where it is necessary to solve legal problems to facilitate the legislation of a member's Bill, the Minister of Government Legislation shall notify the head of the agency having jurisdiction over the member's Bill, and shall provide legislative support if requested by the head of the relevant agency. |
[This Article Newly Inserted by Presidential Decree No. 25748, Nov. 19, 2014]
| Article 11-3 (Reconciliation of Differences among Agencies regarding Bills) |
| (1) | Where any legislation is delayed due to different legal opinions in the Government legislative process referred to in Article 11 (1) or (2); or where necessary to gather consensus on a member's Bill from Government agencies, the head of an agency proposing a Government Bill, the head of an agency having jurisdiction over a member's Bill, or the head of a related agency may request the Minister of Government Legislation to refer the case to the Governmental Legislative Policy Council established under Article 12-2 for deliberation. <Amended by Presidential Decree No. 21239, Dec. 31, 2009; Presidential Decree No. 24792, Oct. 10, 2013; Presidential Decree No. 25748, Nov. 19, 2014> |
| (2) | The Minister of Government Legislation shall notify, without delay, any case impracticable for the Governmental Legislative Policy Council to deliberate on, among the cases referred to in paragraph (1) to the related coordination authority, such as the Minister of the Office for Government Policy Coordination, and request it to coordinate such case. <Amended by Presidential Decree No. 24421, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 21533, Jun. 9, 2009]
| Article 12 (Cooperation, etc. with the National Assembly in Process of Deliberation of Bills) |
| (1) | The head of an agency proposing a Government Bill, the head of an agency having jurisdiction over a member's Bill, and the Minister of Government Legislation shall endeavor to have the governmental legislative policies implemented consistently by ascertaining the deliberation process thereof and cooperating with each other during the process of deliberation by the National Assembly. <Amended by Presidential Decree No. 25748, Nov. 19, 2014> |
| (2) | The head of an agency proposing a Government Bill and the head of an agency having jurisdiction over a member's Bill shall proactively cooperate in the deliberation by the National Assembly on the Bill, such as the provision of related data necessary for the sufficient examination and efficient legislation of the Bill being deliberated upon by the National Assembly. <Amended by Presidential Decree No. 25748, Nov. 19, 2014> |
| (3) | Where a Bill is amended, revised, or repealed, or an alternative Bill is proposed, in the process of deliberation by the National Assembly, the head of an agency proposing a Government Bill and the head of an agency having jurisdiction over a member's Bill shall, without delay, notify the heads of related agencies and the Minister of Government Legislation thereof and promptly consult with them to prepare necessary measures. <Amended by Presidential Decree No. 25748, Nov. 19, 2014; Presidential Decree No. 28042, May 8, 2017> |
| (4) | The Minister of Government Legislation shall ascertain whether related agencies have different opinions regarding a member's Bill, and endeavor to reconcile the relevant difference. <Newly Inserted by Presidential Decree No. 25748, Nov. 19, 2014> |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 12-2 (Governmental Legislative Policy Council and Working Committee) |
| (1) | There shall be established a Governmental Legislative Policy Council (hereinafter referred to as the "Council") under the jurisdiction of the Ministry of Government Legislation to reconcile the difference of opinions among related agencies, regarding Bills under Article 11-3 and to consistently implement the Governmental legislative policy in the National Assembly's deliberative process referred to in Article 12. <Amended by Presidential Decree No. 25748, Nov. 19, 2014> |
| (2) | The Council shall consult on the following matters: |
| 1. | Matters for which opinions differ between the head of an agency proposing a Government Bill and the head of a related agency due to conflicts on statutory interpretation of the Bill during the Government's legislative process; |
| 2. | Matters concerning suggesting unified governmental opinion on a Bill being deliberated upon by the National Assembly; |
| 3. | Matters for which opinions differ between the head of the relevant central administrative agency and the head of a related agency due to conflicts on statutory interpretation of a Bill for a Presidential Directive and a Bill for a Prime Ministerial Directive during the Government's legislative process; |
| (3) | The Council shall be comprised of the following members: <Amended by Presidential Decree No. 24421, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Public officials in general service (including public officials in special service and in extraordinary civil service; hereafter the same shall apply in this Article) who are members of the Senior Executive Service of the Ministry of Strategy and Finance, Ministry of Justice, the Ministry of the Interior and Safety, the Office for Government Policy Coordination, the Fair Trade Commission, and the Ministry of Government Legislation; |
| 2. | Public officials in general service who are members of the Senior Executive Service of an agency proposing a Government Bill, an agency having jurisdiction over a member's Bill, and a related agency. |
| (4) | The Vice Minister of the Ministry of Government Legislation shall serve as the chairperson of the Council. |
| (5) | In either of the following cases, the chairperson of the Council may convene a meeting: <Amended by Presidential Decree No. 28042, May 8, 2017> |
| 2. | If the chairperson of the Council acknowledges that reconciliation of deferent opinions among related agencies in the Government's legislative process, or unified governmental opinion on a member's Bill is required. |
| (6) | In order to provide efficient support to consultations on the agenda that becomes the subject matter of consultation under paragraph (2), there may be established a working committee comprised of public officials belonging to an agency proposing a Government Bill, an agency having jurisdiction over a member's Bill, related agencies, the Office for Government Policy Coordination, and the Ministry of Government Legislation. <Amended by Presidential Decree No. 25748, Nov. 19, 2014; Presidential Decree No. 28042, May 8, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 13 (Notification, etc. on Legislative Bills Sent to the Government) |
| (1) | Where any legislative Bill passed by the National Assembly is sent to the Government, the Minister of Government Legislation shall notify, without delay, the heads of related agencies, and hear opinions of related Ministries concerning a request for reconsideration referred to in Article 53 (2) of the Constitution of the Republic of Korea. |
| (2) | The head of an agency proposing a Government Bill and the head of an agency having jurisdiction over a member's Bill shall request the Minister of Government Legislation to examine a legislative Bill, deemed necessary to be reconsidered, among the legislative Bills passed by the National Assembly and sent to the Government, stating the grounds therefor. <Amended by Presidential Decree No. 25748, Nov. 19, 2014> |
| (3) | The Minister of Government Legislation shall examine and review whether a request for reconsideration of a legislative Bill is filed and, if any, the grounds therefor; and where necessary to seek cooperation among Ministries and to prepare measures, etc., he/she shall refer the relevant legislative Bill to the Council for deliberation. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
CHAPTER IV GATHERING OF PUBLIC CONSENSUS ON LEGISLATION
| Article 14 (Pre-Announcement of Legislation of Bills for Statutes) |
| (1) | The head of an agency proposing a Government Bill who intends to enact, amend, or repeal statutes shall pre-announce legislation, and the head of an agency affiliated to a Ministry shall pre-announce legislation after obtaining approval from the head of such Ministry. |
| (2) | Where the head of an agency proposing a Government Bill who intends to omit a pre-announcement of legislation under the proviso to the main sentence of Article 41 (1) of the Administrative Procedures Act or to reduce the minimum period for pre-announcement of legislation of statutes prescribed in Article 43 of the same Act due to any extenuating circumstances, he/she shall consult with the Minister of Government Legislation. <Amended by Presidential Decree No. 23266, Oct. 27, 2011; Presidential Decree No. 24326, Jan. 22, 2013> |
| 1. | Where any content directly involving the rights and obligations of the people or people's lives is added; |
| 2. | Other cases where it is necessary to gather further consensus due to a change of the purport, an important matters, etc. of a Bill. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 15 (Methods of Pre-Announcement) |
| (1) | The head of an agency proposing a Government Bill shall pre-announce legislation in the Official Gazette or through an information system for legislative affairs established under Article 30 (1) (hereinafter referred to as "legislative information system"), and take other necessary measures to promulgate the details to be legislated, by utilizing newspapers, broadcasting, publications of interested organizations or institutions, etc. <Amended by Presidential Decree No. 26599, Oct. 20, 2015; Presidential Decree No. 28042, May 8, 2017> |
| (2) | The head of an agency proposing a Government Bill shall notify the matters to be pre-announced to the relevant local governments or organizations deemed to have a direct interest in the Bill. <Amended by Presidential Decree No. 28042, May 8, 2017> |
| (3) | The head of an agency proposing a Government Bill shall publish the following information when pre-announcing legislation: Provided, That where it is pre-announced by any other means than the legislative information system, information specified in subparagraphs 5 through 8 may be omitted: <Amended by Presidential Decree No. 26599, Oct. 20, 2015; Presidential Decree No. 28042, May 8, 2017> |
| 1. | Main contents of a Bill; |
| 2. | An institution that receives opinions submitted; |
| 3. | Period for submission of opinions; |
| 4. | Methods of submitting opinions; |
| 6. | Full text of a Bill (including a comparative table of current and new provisions); |
| 7. | Reference or explanatory materials on the background of legislation, such as a statement on the grounds for the enactment or amendment of a statute by each provision; |
| 8. | Other matters necessary to attain the objectives of the pre-announcement of legislation. |
| (4) | The methods of submitting opinions referred to in paragraph (3) 4 shall include the method of submitting opinions through the legislative information system. <Newly Inserted by Presidential Decree No. 26599, Oct. 20, 2015; Presidential Decree No. 28042, May 8, 2017> |
| (5) | Where it is necessary to pre-announce the details of a Bill because they contain important policies of the State or matters significantly affecting people's lives, the Minister of Government Legislation may make a pre-announcement by posting a paid announcement on the Internet website, in daily newspapers, etc. or by other means. <Amended by Presidential Decree No. 26599, Oct. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 16 Deleted. <by Presidential Decree No. 18218, Jan. 9, 2004> |
| Article 17 (Costs for Reproducing Bills) |
| Article 18 (Processing of Opinions Submitted) |
| (1) | The head of an agency proposing a Government Bill shall examine the opinions submitted upon the pre-announcement of legislation (including opinions submitted in electronic form or using the legislative information system); determine whether they are reflected in the Bill; and notify the result of processing them, grounds therefor, etc. without delay to the persons who have submitted their opinions. <Amended by Presidential Decree No. 28042, May 8, 2017> |
| (2) | The head of an agency proposing a Government Bill shall append the result of processing the important matters among the opinions submitted upon the pre-announcement of legislation to the Bill to be proposed to the State Council in cases of a Bill for an Act or Presidential Decree, or submit them to the Minister of Government Legislation in cases of a Bill for Prime Ministerial Ordinance or Ministerial Ordinance. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 19 (Verification, Inspection, etc. of Operation of Pre-Announcement System of Legislation) |
| (1) | The Minister of Government Legislation shall verify the performance of the pre-announcement system of legislation operated by the head of an agency proposing a Government Bill, and if any matter requires improvement, he/she shall recommend the head of the agency to improve it. |
| (2) | In examining a Bill, the Minister of Government Legislation shall review the opinions submitted upon pre-announcement, and if any opinions concerning the juridical matters or legislative system are deemed worth reflecting in the legislation among the opinions not reflected in the Bill by the head of an agency proposing a Government Bill, he/she may recommend them to be reflected. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 19-2 Deleted. <by Presidential Decree No. 28042, May 8, 2017> |
| Article 20 (Pre-Announcement of Local Government Bills) |
| (1) | In preannouncing a local government Bill, the head of the relevant local government shall take necessary measures to promulgate the details to be legislated, by utilizing newspapers, the Internet, broadcasting, and publications of related organizations and institutions, in addition to official bulletins. <Amended by Presidential Decree No. 26599, Oct. 20, 2015> |
| (2) | In preannouncing a local government Bill, the head of the relevant local government shall specify important matters of the Bill, an institution that receives opinions submitted, a period for submitting opinions, the address of its Internet website, etc., and post the full text to be pre-announced (including a comparative table of current and new provisions) on its Internet website. <Newly Inserted by Presidential Decree No. 26599, Oct. 20, 2015> |
| (3) | Article 18 (1) shall apply mutatis mutandis to the processing of opinions submitted upon pre-announcement of local government Bills, notification of the results of processing, etc. <Newly Inserted by Presidential Decree No. 26599, Oct. 20, 2015> |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters concerning the pre-announcement of local government Bills shall be prescribed by Ordinance of the relevant local government. <Newly Amended by Presidential Decree No. 26599, Oct. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
CHAPTER V EXAMINATION OF BILLS, ETC.
| Article 21 (Request for Examination of Bills, etc.) |
| (1) | Each Minister or the head of an agency under the jurisdiction of the President or the Prime Minister that proposes Government Bills, shall request the Minister of Government Legislation to examine Bills after undergoing the following legislative procedures: |
| 1. | Consultation with the heads of related agencies under Article 11 (1) and (2); |
| (2) | Where a Minister or the head of an agency under the jurisdiction of the President or the Prime Minister that proposes Government Bills requests the Minister of Government Legislation to examine Bills pursuant to paragraph (1), he/she shall submit the details of the Bills also to the heads of related agencies without delay: Provided, That he/she need not submit the details of the Bills to the heads of related agencies if the details of the Bills to be examined by the Minister of Government Legislation are the same as the details of the Bill submitted to the heads of the related agencies under Article 11 (1) or (2). |
| (3) | The Minister of Foreign Affairs shall request the Minister of Government Legislation to examine a treaty Bill before finalizing the details thereof, after consulting thereon with the heads of related agencies. <Amended by Presidential Decree No. 24421, Mar. 23, 2013> |
| (4) | Where a request for the examination of any of the following legislative Bills or treaty Bills is filed, the Minister of Government Legislation may return the request, specifying the grounds therefor. In such cases, he/she shall consult with the head of the agency proposing a Government Bill in cases falling under subparagraphs 3 through 5: |
| 1. | A legislative Bill or treaty Bill not having undergone consultation with the head of a related agency, procedures for pre-announcement of legislation, or examination of regulations under paragraph (1) and (3); |
| 2. | A legislative Bill not included in the Government's legislative plan; |
| 3. | A legislative Bill or treaty bill deemed unconstitutional or deemed to have obvious juridical problems; |
| 4. | A legislative Bill deemed necessary to be reexamined due to the change in circumstances, such as revisions of governmental policies; |
| 5. | Other legislative Bills or treaty Bills for which the legislative process is necessary to be rescheduled or which are in exceptional condition. |
| (5) | Where a Minister or the head of an agency under the jurisdiction of the President or the Prime Minister that proposes Government Bills requests the Minister of Government Legislation to examine legislative Bills pursuant to paragraph (1), he/she shall use the legislative information system unless there is a compelling reason not to do so. <Amended by Presidential Decree No. 28042, May 8, 2017> |
| (6) | Where the head of an agency proposing a Government Bill has to facilitate legislation urgently, he/she may request the Minister of Government Legislation to conduct a preliminary examination of a Bill even during the legislative process prescribed in paragraph (1). <Amended by Presidential Decree No. 23266, Oct. 27, 2011> |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 22 (Timely Drafting of Subordinate Statutes) |
| (1) | In drafting a Bill for an Act requiring the enactment, amendment or repeal of any Presidential Decree, Prime Ministerial Ordinance, or Ministerial Ordinance (hereinafter referred to as "subordinate statutes") to enter into force, the head of an agency proposing a Government Bill shall fix a grace period so that the Act can enter into force after the lapse of at least six months from its promulgation, except in extenuating circumstances. |
| (2) | In drafting a Bill for the enactment, amendment or repeal of a subordinate statute, the head of an agency proposing a Government Bill shall implement such legislative process with sufficient preparation time not to impede the enforcement of the relevant statute, taking the following periods of time into consideration: <Amended by Presidential Decree No. 28042, May 8, 2017> |
| 1. | The period for implementing the legislative process, such as ministerial consultations, pre-announcement of the legislation, examination of the Bill by the Ministry of Government Legislation, and promulgation; |
| 2. | The period for enacting, amending or repealing any ordinance or rule for the enforcement of the statute, if necessary; |
| 3. | The period for preparing for the smooth enforcement of the statute, if necessary. |
| (3) | Where necessary to enact, amend, or repeal a subordinate statute for the enforcement of the relevant Act, the head of an agency proposing a Government Bill shall request the Minister of Government Legislation to examine the relevant subordinate statute by not later than 45 days before the date the Act enters into force, unless there is a compelling reason not to do so: Provided, That if it is necessary for the smooth enforcement of the statute, he/she shall make such request taking the specific situation into consideration. <Amended by Presidential Decree No. 28042, May 8, 2017> |
| (4) | Where necessary for the timely drafting of a subordinate statute, the Minister of Government Legislation may report the status of drafting the subordinate statute to the State Council at any time. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 23 (Examination of Bills for Presidential Directives, etc.) |
| (1) | The head of a central administrative agency who intends to facilitate the issuance of a Presidential Directive or a Prime Ministerial Directive shall request the Minister of Government Legislation to examine a Bill for the relevant Directive. |
| (2) | Upon receipt of a request for examining a Bill for a Presidential Directive or a Prime Ministerial Directive under paragraph (1), the Minister of Government Legislation shall examine whether the relevant Bill contravenes any statutes, etc., and notify the head of the relevant central administrative agency of the result thereof. |
| (3) | Where the head of a central administrative agency requests the Minister of the Interior and Safety to publish a Directive, the examination result of which has been notified under paragraph (2), in the Official Gazette, he/she shall append a copy of the written result of examination, officially issued by the Minister of Government Legislation under paragraph (2). <Amended by Presidential Decree No. 24421, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 23-2 (Provision of Guidance for Submission of Presidential Decrees, etc. to the National Assembly and Verification thereof) |
| (1) | Upon promulgation of a Presidential Decree to be submitted to the National Assembly under Article 98-2 (1) of the National Assembly Act or completion of examination of a Bill for a Prime Ministerial Ordinance, Ministerial Ordinance, Presidential Directive, or Prime Ministerial Directive, the Minister of Government Legislation shall provide guidance to the head of the competent central administrative agency to submit it to the competent Standing Committee of the National Assembly within ten days from the date the Presidential Decree is promulgated or the Ordinance or Directive is issued. |
| (2) | The Minister of Government Legislation may verify whether the head of a central administrative agency has submitted a Presidential Decree, Prime Ministerial Ordinance, Ministerial Ordinance, Directive, established rule, etc. to the National Assembly under Article 98-2 (1) of the National Assembly Act. |
[This Article Newly Inserted by Presidential Decree No. 23266, Oct. 27, 2011]
CHAPTER VI AMENDMENT, REFORM, ETC. OF LEGISLATION
| Article 24 (Promotion of Law Reform) |
| (1) | Where any current statute falls under any of the following cases, the Minister of Government Legislation shall take measures to examine and reform the relevant statute: <Amended by Presidential Decree No. 23266, Oct. 27, 2011> |
| 1. | Where it is necessary to reform any statute to adapt to circumstances, because important provisions of the relevant statute have not been revised or supplemented for a long period since it was enacted or amended; |
| 2. | Where it is necessary to reform any statute that imposes undue burden on people's daily lives, corporate activities and commercial activities, or any unreasonable statute; |
| 3. | Where it is necessary to examine and reform any statute for the efficient implementation of important State policies to address with the changes in domestic and overseas conditions; |
| 3-2. | Where it is necessary to improve the comprehensibility of any statute; |
| 4. | Other cases where it is necessary to examine and reform any current statute. |
| (2) | Where necessary to reform any statute under paragraph (1), the Minister of Government Legislation shall prescribe the subject matter, standards, procedures, and methods of reform, other matters requiring cooperation, etc., and notify the head of the competent central administrative agency. |
| (3) | Where the head of a central administrative agency in receipt of notification under paragraph (2) acknowledges the necessity of reforming the relevant statute after the examination thereof, he/she shall formulate a plan for reforming such statute; notify the Minister of Government Legislation of the reform plan; and facilitate the reform thereof in accordance with the reform plan. |
| (4) | In order to reform a statute under paragraph (1), the Minister of Government Legislation shall hear opinions of the general public, local governments, private organizations, etc. and examine them. |
| (5) | Any one may submit his/her legislative opinion on the amendment or reform of statutes to the Minister of Government Legislation. |
| (6) | Where necessary to amend or reform statutes, etc. and to efficiently perform other legislative affairs, the Minister of Government Legislation may consult with academic circles, private organizations or other experts in the related fields. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 24-2 (Preparation, etc. of Prompt Reform System of Subordinate Statutes) |
| (1) | Where the enactment, amendment, or repeal of statutes is necessary for the improvement of the institutional matters verified by the State Council, etc. (hereinafter referred to as "institutional matters requiring improvement"), the head of a central administrative agency shall promptly reform the relevant statutes, following consultation with the heads of related agencies. |
| (2) | The head of a central administrative agency shall formulate and implement a plan for reforming subordinate statutes, stating the list of the subordinate statutes to be reformed, among the statutes requiring reform under paragraph (1), and the schedule for reform, etc. |
| (3) | The head of an administrative agency that exercises overall control of the discovery and management of institutional matters requiring improvement, such as the Office for Government Policy Coordination, shall verify and manage the performance of plans for reforming subordinate statutes formulated by the heads of central administrative agencies under paragraph (2) by quarterly and by jurisdiction; and where it is deemed necessary to improve en block institutional matters as a result thereof, he/she may request the head of a central administrative agency to reform en bloc the subordinate statutes under his/her jurisdiction and simultaneously request the Minister of Government Legislation to provide support therefor. <Amended by Presidential Decree No. 24421, Mar. 23, 2013> |
| (4) | The head of each central administrative agency requested to reform en bloc the subordinate statutes under paragraph (3) shall expedite a legislative process with support from the Minister of Government Legislation. |
[This Article Newly Inserted by Presidential Decree No. 23266, Oct. 27, 2011]
| Article 25 (Ensuring Legitimacy of Directives, Established Rules, etc.) |
| (1) | Directives, established rules and public notices (including regulations, rules, instructions, guidelines, notification, etc. issued in direct connection with the enforcement of statutes, regardless of the titles thereof; hereinafter referred to as "directives, established rules, etc.") of all levels of administrative agencies shall be issued, maintained and managed legitimately and in a way suitable to circumstances. |
| (2) | When any directive, rule, etc. is enacted, amended, or repealed, the head of each central administrative agency (including councils, etc. corresponding to administrative agencies, prescribed by Ordinance of the Prime Minister; hereafter the same shall apply in this Article) shall register it on the legislative information system within ten days after the issuance thereof: Provided, That where registration on the legislative information system is prohibited under any subparagraph of Article 9 (1) of the Official Information Disclosure Act, he/she shall notify the Minister of Government Legislation of the title of the relevant directive, established rule, etc. and the ground for the non-registration within ten days after the issuance thereof, and submit a document stating the relevant directive, established rule, etc. to the Minister of Government Legislation, if requested. <Amended by Presidential Decree No. 28042, May 8, 2017> |
| (3) | The Minister of Government Legislation shall examine and review directives, established rules, etc. registered under paragraph (2) at any time; and where any matter that should be prescribed by a statute is prescribed by a directive, established rule, etc. or where any directive, established rule, etc. prescribes a matter contrary to any statute or an unreasonable matter, he/she shall prepare review comments and notify them to the head of the competent central administrative agency. |
| (4) | The head of a central administrative agency in receipt of review comments under paragraph (3), shall reflect them in the related statute or the relevant directive, established rule, etc., except in extenuating circumstances. |
| (5) | The head of a central administrative agency in receipt of review comments under paragraph (3), shall notify the Minister of Government Legislation of the matters classified as follows within one month from the date of receipt thereof: Provided, That where the enactment or amendment of a directive, established rule, etc., should undergo special procedures, such as deliberation by a council, in accordance with any other statutes, he/she shall notify the Minister of Government Legislation thereof, immediately after completion of such procedures: |
| 1. | Where the review comments are reflected, the relevant details; |
| 2. | Where any reform is planned, the relevant reform plan; |
| 3. | Where any special ground exists to prevent reflection of review comments, the relevant ground. |
| (6) | Notwithstanding paragraphs (2) through (5), when deemed necessary to ensure the legitimacy of a directive, established rule, etc., the head of a central administrative agency may request the Minister of Government Legislation to review the directive, established rule, etc. before the issuance thereof. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
CHAPTER VII STATUTORY INTERPRETATION
| Article 26 (Request for Interpretation of Statutes) |
| (1) | Where the head of a central administrative agency has a question as to interpretation of a statute in the course of implementing and enforcing the statute, such as the receipt of a question requiring legal ruling from the head of a local government or a civil petitioner, he/she shall request an agency in charge of the interpretation of the relevant statute (in cases of interpretation of civil affairs, commercial affairs, criminal affairs, administrative litigations, statutes related to the State compensation, statutes under the jurisdiction of the Ministry of Justice, and penal provisions of statutes, referring to the Ministry of Justice; and in cases of interpretation of all other administration-related statutes, referring to the Ministry of Government Legislation; hereinafter referred to as "statutory interpretative agency") to interpret the statute. |
| (2) | Where the head of a central administrative agency intends to request the interpretation of any statute under the jurisdiction of another central administrative agency under paragraph (1), he/she shall first hear the opinion of the central administrative agency having jurisdiction over the relevant statute. |
| (3) | The head of a local government shall request the head of a central administrative agency having jurisdiction over a statute to interpret the statute and receive his/her reply thereto before requesting a statutory interpretative agency to make a statutory interpretation. |
| (4) | Where deemed that any of the details of the reply received under paragraph (3) is unclear (including where there is no de facto opinion in the reply) or wrong, the head of the local government may request the statutory interpretative agency to interpret the relevant statute, appending the details of the reply thereto: Provided, That if the head of the central administrative agency fails to reply within one month (such period may be extended only once by up to one month, notifying the special ground for the delay, if any), despite the receipt of the request for the statutory interpretation, the head of the local government need not append the details of the reply by the central administrative agency having jurisdiction over the statute. |
| (5) | Where a statutory interpretative agency is in receipt of a request for statutory interpretation to which a reply by the head of a central administrative agency having no de facto opinion is appended under the body of paragraph (4) or a request for statutory interpretation to which no reply by the head of a central administrative agency is appended under the proviso to the same paragraph, it shall request the head of the central administrative agency having jurisdiction over the relevant statute to provide his/her opinion, and the head of the central administrative agency in receipt of such request shall send the reply as requested to the statutory interpretative agency within ten days from the date of receipt of such request (such period may be extended only once by up to one month, notifying the special ground for the delay, if any). |
| (6) | Where the head of a central administrative agency or the head of a local government requests a statutory interpretation under paragraph (2) or (4), he/she shall notify the head of a central administrative agency having jurisdiction over the relevant statute. |
| (7) | Where deemed that a statutory interpretation made by the head of a central administrative agency having jurisdiction over the relevant statute contravenes statutes, the relevant civil petitioner may entrust the head of the central administrative agency having jurisdiction over the statute to request the statutory interpretative agency to interpret the relevant statute, as prescribed by Ordinance of the Prime Minister: Provided, That the foregoing shall not apply where the Minister of Justice has made a statutory interpretation of civil affairs, commercial affairs, criminal affairs, administrative litigation, or the statutes related to State compensation, or the statutes under the jurisdiction of the Ministry of Justice. |
| (8) | Where the head of a central administrative agency having jurisdiction over a statute is in receipt of a request for statutory interpretation from a civil petitioner under paragraph (7), he/she shall request the statutory interpretative agency to make a statutory interpretation without delay, appending his/her opinion, if there is any to be added to the details replied to the civil petitioner: Provided, That in any of the following cases, he/she need not request a statutory interpretation, and shall notify the relevant civil petitioner thereof, specifying the ground therefor: |
| 1. | Where it fails to meet any of the requirements for requesting a statutory interpretation under paragraph (7); |
| 2. | Where any established judicial precedent exists or a statutory interpretative agency has already made a statutory interpretation; |
| 3. | Where it is a matter related to finding detailed facts; |
| 4. | Where any administrative appeal or administrative litigation, to which the relevant civil petitioner is a party, is pending or where such procedure is complete; |
| 5. | Where it is a matter of whether a detailed disposition already executed is illegal or unreasonable; |
| 6. | Where it is a matter of whether the relevant statute is unconstitutional or contrary to the upper statutes; |
| 7. | Other cases where it is deemed obviously unnecessary for the ground similar to those prescribed in subparagraphs 1 through 6. |
| (9) | A civil petitioner who has filed a request for a statutory interpretation under paragraph (7), may directly request a statutory interpretative agency to make the statutory interpretation, if the head of the central administrative agency having jurisdiction over the relevant statute fails to request the statutory interpretative agency to make the statutory interpretation within one month, or notifies that he/she does not request the statutory interpretative agency to make the statutory interpretation despite the relevant case not falling under any subparagraph of paragraph (8). In such cases, the statutory interpretative agency shall notify the head of the central administrative agency having jurisdiction of the relevant statute when it receives the request for the statutory interpretation. |
| (10) | Upon receipt of a request for statutory interpretation, a statutory interpretative agency shall return the request, if the case fails to meet any of the requirements for requesting a statutory interpretation prescribed in paragraphs (1) through (4), (7) and (9), or where it falls under paragraph (8) 2 through 7. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 26-2 (Request for Interpretation of Directives, Established Rules, etc.) |
| (1) | Where the head of a central administrative agency has a question as to interpretation of a directive, established rule, etc. in the course of implementing and enforcing any directive, established rule, etc. under his/her jurisdiction, or otherwise receives questions from the head of a local government or a civil petitioner, he/she may request a statutory interpretative agency to make the statutory interpretation of such directive, established rule, etc. in order to ensure the legitimacy and validity of the administrative operation. |
| (2) | Article 27 (except for paragraph (5)) shall apply mutatis mutandis in regard to the interpretation of directives, established rules, etc. |
[This Article Newly Inserted by Presidential Decree No. 28042, May 8, 2017]
| Article 27 (Matters Requiring Attention when Making Statutory Interpretation, and Reply thereto) |
| (1) | For the correlation of the governmental statutory interpretation and for consistent enforcement of a statute, a statutory interpretative agency shall pay attention to the following matters when interpreting the statute: |
| 1. | It shall clearly ascertain the background and purpose of legislation and actual status of implementation of the relevant statute; |
| 2. | It shall identify and verify the detailed background of and grounds on which the issue was raised; |
| 3. | It shall sufficiently hear opinions of related agencies, such as the central administrative agency having jurisdiction over the relevant statute. |
| (2) | Where necessary to hear opinions under paragraph (1) 3, a statutory interpretative agency may request related administrative agencies, such as the central administrative agency having jurisdiction over the relevant statute, to explain unclear matters or to submit necessary materials. In such cases, the head of the related administrative agency shall conscientiously comply with the request, etc. of the statutory interpretative agency and cooperate therewith. |
| (3) | Where the Ministry of Government Legislation, among statutory interpretative agencies, makes a statutory interpretation under paragraph (1), it shall undergo deliberation by the Statutory Interpretation Deliberation Committee established under Article 27-2. |
| (4) | A statutory interpretative agency in receipt of a request for a statutory interpretation under Article 26, shall promptly notify the result thereof to the agency that has requested the statutory interpretation or to the civil petitioner; and where replying to the request for the statutory interpretation, it shall also notify the result thereof to the head of the central administrative agency having jurisdiction over the relevant statute and related administrative agencies. |
| (5) | Where a statutory interpretative agency has notified, the head of a central administrative agency having jurisdiction over the relevant statute, of the result of a statutory interpretation requested by a civil petitioner under Article 26 (8), the head of the central administrative agency shall notify, without delay, the civil petitioner of the opinion of the relevant agency on the relevant result. |
| (6) | Where a statutory interpretative agency has notified the result of a statutory interpretation under paragraph (4), it shall request the head of the related central administrative agency or the head of the related local government to provide information on the following matters: |
| 1. | Whether any related affairs have been processed under the statutory interpretation; |
| 2. | Where any problem has occurred due to the processing of affairs under the statutory interpretation, the details thereof; |
| 3. | Whether any dispute has arisen in connection with the processing of affairs under the statutory interpretation, and the result thereof; |
| 4. | Where any related affairs have been processed inconsistently with the statutory interpretation, the ground therefor; |
| 5. | Except as otherwise expressly provided for in subparagraphs 1 through 4, matters concerning the processing of affairs related to statutory interpretation. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 27-2 (Statutory Interpretation Deliberation Committee) |
| (1) | There shall be established a Statutory Interpretation Deliberation Committee (hereinafter referred to as "Committee") under the jurisdiction of the Minister of Government Legislation to deliberate on the matters concerning statutory interpretations requested to the Ministry of Government Legislation among statutory interpretative agencies. |
| (2) | The Committee shall be comprised of one chairperson, members appointed under paragraph (4) (hereinafter referred to as "appointed members"), and approximately 150 members commissioned under paragraph (5) (hereinafter referred to as "commissioned members"). <Amended by Presidential Decree No. 23266, Oct. 27, 2011> |
| (3) | The Minister of Government Legislation shall serve as the chairperson, and may, where necessary, assign the appointed member belonging to the Ministry of Government Legislation to perform the duties on behalf of the Minister. |
| (4) | A person working at a position; designated by the Minister of Government Legislation; recommended by the head of the relevant central administrative agency having jurisdiction over the relevant statute, including the Office for Government Policy Coordination; and filled by public officials in general service who are members of the Senior Civil Service of the relevant agency, or persons corresponding thereto, shall be an appointed member. <Amended by Presidential Decree No. 24421, Mar. 23, 2013> |
| (5) | A person commissioned by the Minister of Government Legislation from among the following persons, shall be a commissioned member: <Amended by Presidential Decree No. 25748, Nov. 19, 2014> |
| 1. | A person qualified as an attorney-at-law, experienced in the affairs related to such qualification for at least ten years; |
| 3. | A person who has served as a public official of at least Grade IV of an administrative agency (including public officials who are members of the Senior Civil Service) or the equivalent; |
| 4. | Other persons with extensive knowledge of and experience in the affairs related to statutory interpretation. |
| (6) | The term of office of a commissioned member shall be two years, renewable only twice. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 27-3 (Operation of Committee) |
| (1) | The chairperson shall represent the Committee and exercise overall control of its affairs. |
| (2) | The chairperson shall convoke and preside over Committee meetings. |
| (3) | A Committee meeting quorum shall consist of at least nine persons, including the chairperson and members appointed by the chairperson at each meeting. |
| (4) | Where necessary in connection with an agenda for deliberation, the chairperson may request an employee of a related central administrative agency or local government to attend a Committee meeting and take the floor. |
| (5) | A Committee meeting shall commence with the attendance of a majority of its members referred to in paragraph (3), and resolutions shall be passed with approval of the majority of members present: Provided, That in any of the following cases, resolutions shall be passed with approval of at least six members present: |
| 1. | Where it intends to make a statutory interpretation requested by the head of a local government under the main sentence of Article 26 (4), inconsistently with the details of the original reply given by the head of the central administrative agency having jurisdiction over the relevant statute (excluding where the statutory interpretation is unclear or where there is no de facto opinion in the reply); |
| 2. | Where it intends to make a statutory interpretation different from the details of the reply given by the head of a central administrative agency (excluding unclear statutory interpretations) to the Ministry of Government Legislation under Article 26 (5); |
| 3. | Where it intends to make a statutory interpretation different from the details of the original reply given by the head of the central administrative agency having jurisdiction over the relevant statute (excluding unclear statutory interpretations) to the matter for statutory interpretation requested by the head of a central administrative agency to the Ministry of Government Legislation upon entrustment of a civil petitioner or requested directly by a civil petitioner to the Ministry of Government Legislation under Article 26 (7), (8) or (9). |
| (6) | Where deemed necessary for efficiently operating its meetings, the Committee may have specialized committees or subcommittees for particular fields. |
| (7) | Where deemed necessary for making statutory interpretations, the Committee may consult with the experts in the relevant field, such as national land and construction, tax system, environment, and labor. <Newly Inserted by Presidential Decree No. 23266, Oct. 27, 2011> |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 27-4 (Exclusion or Evasion of Members) |
| (1) | Any member of the Committee (including specialized committees and subcommittees; hereinafter the same shall apply), who falls under any of the following cases, shall be excluded from the deliberations and resolution on the case in question: |
| 1. | Where a member or a person who is or was the spouse of a member is a party to a case that forms the basis of an agenda item for the relevant statutory interpretation, or is related thereto as a joint holder of any right or liability; |
| 2. | Where a member is or was in relationship by blood with a party to a case that forms the basis of an agenda item for the relevant statutory interpretation; |
| 3. | Where a member has given testimony or appraised a case that forms the basis of an agenda item for the relevant statutory interpretation; |
| 4. | Where a member is or has been involved in a case that forms the basis of an agenda item for the relevant statutory interpretation as a proxy of a party to such case. |
| (2) | Any member who falls under any subparagraph of paragraph (1) may voluntarily refrain from the deliberation and resolution on the relevant agenda item. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to a person involved in the affairs related to the examination of the agenda item for the relevant statutory interpretation, as a staff member other than a Committee member. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 27-5 (Removal of Members) |
Where a member of the Committee falls under any of the following cases, the Ministry of Government Legislation may remove the relevant member from office:
| 1. | Where he/she cannot perform duties due to mental disorder; |
| 2. | Where he/she is involved in an illegal act in connection with his/her duties; |
| 3. | Where it is acknowledged that he/she is not eligible to become a member due to neglect of duties, injury to dignity, or other reasons; |
| 4. | Where he/she declares him/herself that he/she is unable to perform duties. |
[This Article Newly Inserted by Presidential Decree No. 28042, May 8, 2017]
| Article 27-6 (Request for Dispatch of Public Officials, etc.) |
| (1) | Where deemed necessary to perform the duties of the Committee, the Minister of Government Legislation may request a State agency, local government, or related corporation or organization to dispatch its public officials or employees. |
| (2) | The Minister of Government Legislation may recommend the head of a State agency, local government, or related corporation or organization that has dispatched its public officials or employees under paragraph (1), to take preferential measures for persons dispatched to the Committee in their personnel matters, treatment, etc. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 27-7 (Allowances, etc.) |
Members and related persons who have attended meetings may be paid allowances and reimbursed travel expenses, within budgetary limits: Provided, That the same shall not apply to any meeting which a public official attends in direct connection with his/her competent duties.
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 27-8 (Detailed Regulations) |
Except as otherwise expressly provided for in this Decree, matters necessary for the organization and operation of the Committee shall be determined by the chairperson following resolution by the Committee.
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 27-9 (Non-Disclosure of Details of Utterance, etc. ) |
None of the following matters may be disclosed:
| 1. | Documents (including in electronic form) stating any details of the utterance made by a member in Committee meetings; |
| 2. | Other matters prescribed by Ordinance of the Prime Minister as deemed likely to compromise to the fairness of the deliberation by the Committee, if disclosed. |
[This Article Newly Inserted by Presidential Decree No. 21533, Jun. 9, 2009]
CHAPTER VIII ENSURING EXPERTISE IN IMPLEMENTATION OF STATUTES, AND PROVISION OF SUPPORT
| Article 28 (Ensuring Expertise in Legislative Affairs) |
In order to ensure the legitimacy and validity of the implementation of statutes, such as the enactment, enforcement, etc. of statutes, and to facilitate efficient performance of legislative affairs and improvement of expertise, the head of a central administrative agency shall formulate plans to ensure expertise of the organization in charge of legislative affairs, and determine and enforce necessary standards for personnel management, such as standards for the assignment of positions of public officials in charge of judicial affairs, who are under his/her jurisdiction.
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
| Article 29 (Legislative Support, Including Advance Support for Legislation) |
| (1) | Where requested by the head of a central administrative agency or where deemed necessary to facilitate the legislation of a Bill, the Minister of Government Legislation shall provide legislative support, such as support for the legislation of the Bill, or legal advice and suggestion as requested. |
| (2) | Where necessary to enhance expertise in legislative support and to promptly and efficiently provide legislative support under paragraph (1), the Minister of Government Legislation may consult with, or entrust research to, a person having experience and professional knowledge in legislation, such as drafting and examination of Bills. |
[This Article Wholly Amended by Presidential Decree No. 25748, Nov. 19, 2014]
| Article 29-2 (Legislative Education) |
| (1) | In order for public officials, etc. of central administrative agencies and local governments to efficiently perform legislative affairs, such as drafting and interpretation of statutes, drafting and interpretation of local statutes, and reform of statutes, the Minister of Government Legislation shall conduct legislative education to improve their legislative expertise. <Amended by Presidential Decree No. 28042, May 8, 2017> |
| (2) | Where the head of a central administrative agency, or the head of a local government, etc. deems it necessary to conduct legislative education for the improvement, etc. of expertise of public officials, etc. under his/her jurisdiction in legislation, he/she may request the Minister of Government Legislation to conduct legislative education, and the Minister of Government Legislation may provide support for the necessary legislative education. |
[This Article Newly Inserted by Presidential Decree No. 25748, Nov. 19, 2014]
| Article 29-3 (Support for Local Legislation) |
| (1) | Where a local government intends to reform any local statute, the Minister of Government Legislation may provide necessary support upon request. |
| (2) | Except as otherwise expressly provided for in paragraph (1), the Minister of Government Legislation shall provide necessary legislative support to local governments to assist in enhancing expertise of their public officials. |
[This Article Newly Inserted by Presidential Decree No. 25748, Nov. 19, 2014]
| Article 29-4 (Allowances) |
When any legislative support is provided under Article 29, 29-2 or 29-3, the Minister of Government Legislation may pay allowances to the experts or public officials who conduct legislative education, etc., within budgetary limits. [This Article Newly Inserted by Presidential Decree No. 25748, Nov. 19, 2014]
| Article 30 (Establishment, Utilization, etc. of Legislative Information System) |
| (1) | In order to assist the Government in efficiently handling or providing the following affairs or services, the Minister of Government Legislation shall establish a legislative information system: <Amended by Presidential Decree No. 23266, Oct. 27, 2011; Presidential Decree No. 28042, May 8, 2017> |
| 1. | Formulating the Government’s legislative plan and managing the status of implementation of the plan; |
| 2. | Notifying a member's Bill to and gathering consensus on the Bill from the agency having jurisdiction over the member's Bill and the related agencies; |
| 3. | Disclosing Bills and other legislative information through all the stages of the legislative process by the Government (referring to the stages from the pre-announcement of the legislation to the promulgation of the Bill) and receiving submitted opinions; |
| 4. | Drafting and deliberating on legislative Bills, Bills for Presidential Directives, and Bills for Prime Ministerial Directives; |
| 5. | Deliberating on and interpreting directives, established rules, etc.; |
| 6. | Reviewing agenda items for statutory interpretation and sending results thereof; |
| 7. | Supporting the drafting of municipal ordinances or rules; |
| 8. | Managing and providing information on statutes (including directives and established rules, etc., municipal ordinances and rules, examples of statutory interpretation, and other information on the enforcement and interpretation of statutes); |
| 9. | Other affairs necessary for improving legislative efficiency and expertise. |
| (2) | The Minister of Government Legislation shall ensure that anyone can easily and conveniently present opinions on statutes or Bills, using the legislative information system. <Newly Inserted by Presidential Decree No. 28042, May 8, 2017> |
| (3) | Where necessary for the establishment and provision of a legislative information system, the Minister of Government Legislation may request the heads of central administrative agencies to register directives, established rules, etc. on the legislative information system or to provide other necessary information related to legislative affairs. In such cases, the heads of central administrative agencies in receipt of such request shall comply therewith, except in extenuating circumstances. |
| (4) | The Minister of Government Legislation shall take measures necessary to facilitate the use of the legislative information system and information on statutes. |
[This Article Wholly Amended by Presidential Decree No. 22427, Oct. 5, 2010]
ADDENDUM
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 16592, Oct. 30, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force one month after the date of its promulgation. |
ADDENDUM <Presidential Decree No. 18218, Jan. 9, 2004>
This Decree shall enter into force on the date of its promulgation
ADDENDA <Presidential Decree No. 18493, Jul. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2004. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18864, Jun. 13, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2005. |
| (2) | (Applicability) The amended provisions of Article 26 (4) shall begin to apply from the first reply to a statutory interpretation by a central administrative agency having jurisdiction over the relevant statute after this Decree enters into force. |
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19867, Feb. 2, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21239, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Timely Preparation of Subordinate Statutes)
The amended provisions of Article 22 (1) shall begin to apply to the first legislative Bill, the examination of which is requested to the Ministry of Government Legislation after this Decree enters into force. Article 3 Omitted.
ADDENDA <Presidential Decree No. 21533, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Pre-Announcement of Legislation)
The amended provisions of Article 14 (1) shall begin to apply to the first Bill pre-announced after this Decree enters into force. Article 3 (Applicability to Notification that Head of Central Administrative Agency has Requested Statutory Interpretation to other Head of Central Administrative Agency Having Jurisdiction over Statutes)
The amended provisions of Article 26 (6) shall begin to apply to the first case where a statutory interpretation is requested to a statutory interpretative agency after this Decree enters into force. Article 4 (Applicability to Requirements, etc. for Commissioned Members of Statutory Interpretation Deliberation Committee)
The amended provisions of Article 27-2 (5) and (6) shall begin to apply to the first person commissioned after this Decree enters into force. Article 5 (Applicability to Special Quorum for Resolution of the Statutory Interpretation Deliberation Committee)
The amended provisions of Article 27-3 (5) 3 shall begin to apply to the first agenda item for statutory interpretation requested to the Ministry of Government Legislation after this Decree enters into force.
ADDENDA <Presidential Decree No. 21970, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Cooperation, etc. between Agencies during Legislative Process)
| (1) | The amended provisions of Articles 11 (2) and (6), 11-2 (1), and 21 (1) 1 shall begin to apply to the first case that falls under the amended provisions of Article 11 (2) 1 or 2 after this Decree enters into force. |
| (2) | The amended provisions of Article 21 (2) shall begin to apply to the first Bill, the examination of which is requested to the Minister of Government Legislation after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 22427, Oct. 5, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23266, Oct. 27, 2011>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19-2 shall enter into force on December 1, 2011.
ADDENDUM <Presidential Decree No. 24326, Jan. 22, 2013>
This Decree shall enter into force on January 23, 2013.
ADDENDA <Presidential Decree No. 24421, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24792, Oct. 10, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25748, Nov. 19, 2014>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11-2, 11-3, 12, 12-2 and 13 shall enter into force three months after the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of the Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates of which have not yet arrived, among the Presidential Decrees amended pursuant to Article 5 of the Addenda shall respectively enter into force on the dates of which such Presidential Decrees are to enter into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26599, Oct. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Methods of Pre-Announcement of Legislation)
Notwithstanding the amended provisions of Article 15, pre-announcement of legislation of Bills pending as at the time this Decree enters into force shall be governed by the former provisions: Provided, That where additional pre-announcement is made under Article 41 (4) of the Administrative Procedures Act after this Decree enters into force shall be excluded herefrom.
ADDENDUM <Presidential Decree No. 28042, May 8, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have not yet arrived, among the Presidential Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.