Law Viewer

Back Home

ENFORCEMENT DECREE OF THE CIVIL PETITIONS TREATMENT ACT

Wholly Amended by Presidential Decree No. 26980, Feb. 12, 2016

Amended by Presidential Decree No. 27103, Apr. 26, 2016

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 29799, jun. 4, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Civil Petitions Treatment Act and matters necessary for the enforcement of the delegated matters.
 Article 2 (Scope of Civil Petitioners and Public Institutions)
(1) The term “a person prescribe by Presidential Decree, such as an administrative agency (excluding cases of filing a civil petition as an actor in the private economy), a person who is in a contractual relationship with an administrative agency under private law (only referring to the contractual relationship directly related to the civil petition), and a person whose name, address, etc. is unclear” under the proviso to subparagraph 2 of Article 2 of the Civil Petitions Treatment Act (hereinafter referred to as “Act”) means any of the following persons:
1. An administrative agency which requests an administrative agency to perform a specific act, such as disposition (excluding cases where an administrative agency requests as an actor in the private economy);
2. A person in a contractual relationship under private law with an administrative agency, who requests an administrative agency to perform a specific act, such as a disposition directly related to the contractual relationship;
3. A person who requests an administrative agency to perform a specific act, such as disposition, and of whom the name and address, etc. (in cases of a corporation or organization, referring to the name, location of office or business place, and the name of representative thereof) are unclear.
(2) The term “corporations, organizations, or agencies prescribed by Presidential Decree” under subparagraph 3 (b) v of Article 2 of the Act means any of the following corporations, organizations, or agencies:
 Article 3 (Protection of Information of Civil Petitioners, etc.)
(1) The head of an administrative agency shall verify and check the status of information protection under Article 7 of the Act and conduct education necessary for information protection at least once a year for persons in charge of treating civil petitions (hereinafter referred to as “persons in charge”).
(2) Where the head of an administrative agency discovers any violation of a statute or deems that the measures for information protection are poor after verification and a check prescribed in paragraph (1), he/she shall, without delay, rectify it and take disciplinary action or other necessary measures against persons in charge of civil petitions.
 Article 4 (Protection of Persons in Charge)
The head of an administrative agency shall prepare measures, such as prevention and treatment of physical and psychological harm to persons in charge due to abuse, assault, etc. of civil petitioners, etc. and expansion of safety facilities.
CHAPTER II CHAPTER II TREATMENT OF CIVIL PETITIONS
SECTION 1 Application for, Receipt of, etc. of Civil Petitions
 Article 5 (Method of Filing Civil Petitions)
A civil petition, for filing of which it is not necessary for a civil petitioner or a person entrusted therewith to visit personally, may be filed via an information and communications network, such as facsimile or the Internet, etc. (referring to an information and communications network referred to in subparagraph 10 of Article 2 of the Electronic Government Act; hereinafter the same shall apply) or by post, etc.
 Article 6 (Receipt of Civil Petitions)
(1) A civil petition shall be received by a civil-petition office (including window for electronic civil petitions; hereinafter the same shall apply): Provided, That where no civil-petition office is established, it shall be received by a department in charge of receipt and dispatch of documents (hereinafter referred to as “department in charge of documents”) or the competent department treating civil petitions (hereinafter referred to as “competent department for treatment”).
(2) When the head of an administrative agency receives a civil petition pursuant to paragraph (1), he/she shall record it in a civil petition treatment log in the order of receipt thereof and issue a filing receipt to the relevant civil petitioner.
(3) The term “cases prescribed by Presidential Decree, such as other civil petition, the civil petition which was filed by a civil petitioner not by his/her personal visit, and the civil petition which shall be treated “immediately” under the proviso to Article 9 (2) of the Act, means civil petitions falling under any of the following:
1. Other civil petition;
2. A civil petition which was filed by a civil petitioner not by his/her personal visit under Article 5;
3. A civil petition which shall be treated “immediately”;
4. A civil petition for which a document in lieu of a filing receipt is issued.
(4) Upon receipt of a civil petition pursuant to paragraph (1), the head of an administrative agency shall guide a civil petitioner to the complete submission of required documents, standard and procedure of the treatment, expected treatment period, and the anticipated time for necessary field verification or survey.
(5) Where the head of an administrative agency deems it necessary for receiving civil petitions, he/she may identify whether the civil petitioner is the same person or a person entrusted therewith.
 Article 7 (Application Forms and Required Documents)
(1) The head of an administrative agency shall keep matters required to be stated in an application form to the minimum necessary for the treatment of the relevant civil petition, and shall clearly design the application form so that a civil petitioner can complete the application form easily.
(2) When the head of an administrative agency determines the required document related to the application of a civil petition, he/she shall determine it specifically within the minimum scope necessary for verifying the matters stated in the application form or treating the relevant civil petition.
(3) The number of application forms and required documents subject to submission shall be kept to the minimum necessary for the treatment of civil petitions.
 Article 8 (Selection of Representatives among Many Civil Petitioners)
(1) Where more than three petitioners submit the same civil petition documents signed jointly without selecting a representative, the head of an administrative agency may fix a specific period and request the petitioners to select not more than three representatives and notify the same within the fixed period. In such cases, the head of an administrative agency may present the appropriate number of representatives within the scope of not more than three persons, considering the characteristics, treatment procedure, and method, etc. of the relevant civil petition.
(2) Where not less than three of the civil petitioners who were requested to select the representatives and make a notification thereof pursuant to paragraph (1) fail to select their representative and notify thereof within the fixed period, the head of an administrative agency may select not more than three representatives, from among the civil petitioners not more than three persons.
(3) The representative selected pursuant to the request under paragraphs (1) and the representative selected pursuant to paragraph (2) shall be deemed the civil petitioners.
 Article 9 (Civil-Petition Offices)
(1) The head of a civil-petition office shall confirm and manage all the procedures for treating civil petitions to ensure expeditious treatment of civil petitions.
(2) The head of an administrative agency shall post persons, from among the employees belonging thereto, who are experienced in administrative affairs and are diligent in their work, at the civil-petition office, and when it is deemed necessary, he/she may request the head of a relevant agency to dispatch his/her employees.
(3) In cases of transfer of position, the head of an administrative agency may give preference to persons who have worked for more than two years at civil-petition offices.
(4) When the head of an administrative agency deems it necessary for guidance on and consultation for civil petitioners, he/she may appoint a person, who has knowledge and experience in administration affairs, as a civil petition consultant. In such cases, a civil petition consultant shall hold a honorary position in principle.
(5) The head of an administrative agency shall make available, in civil-petition offices, paper and writing instruments, etc. necessary for filing civil petitions, for the convenience of civil petitioners.
(6) The head of an administrative agency shall endeavor to improve facilities, the environment, etc. of civil petition offices to provide convenience to civil petitioners and create a stable working environment for persons in charge.
 Article 10 (Providing Convenience for Filing by Keeping, etc. of Civil Petition Manuals)
(1) The head of an administrative agency shall take necessary measures, such as preparing a civil petition manual under Article 13 of the Act (hereinafter referred to as “civil petition manual”) or installing a computer in civil-petition offices, etc., in order to allow civil petitioners to peruse the civil petition manual (including perusal via the Internet, etc.).
(2) The head of an administrative agency shall clearly state, in a civil petition manual, the application form for filing petitions, required documents, competent departments for treatment, agencies to contact or consult with, treatment procedures, treatment period, examination standards, treatment charges, and other necessary matters for guidance on civil petitions (including matters that can be confirmed by an administrative agency pursuant to Article 10 (3) 2 of the Act) by each type of civil petitions.
(3) The head of an administrative agency shall post a notice on civil-petition offices or publish it in a civil petition manual after determining the types thereof, for any of the following civil petitions:
1. Civil petitions that may be issued by an unmanned machine for civil petitions pursuant to Article 28 of the Act;
2. Civil petitions that may be filed by an information and communications network, such as facsimile or the Internet, etc., or by post, etc. pursuant to Article 5;
3. Civil petitions that may be filed by the dictation of a civil petitioner and the preparation of documents on the dictated matters by a person in charge pursuant to paragraph (4).
(4) In cases of civil petitions received in writing, where a civil petitioner dictated the matters necessary for filing a civil petition and the person in charge prepared a document thereof, which includes a signature of the civil petitioner, the head of an administrative agency may receive it as a civil petition document, for the convenience of the civil petitioner.
 Article 11 (Window for Electronic Civil Petitions)
(1) The head of an administrative agency may treat any of the following civil petitions through a window for electronic civil petitions:
1. Application for, receipt of civil petitions, transfer of civil petition documents, and notification of treatment results;
2. Guidance on treatment procedures for civil petitions, including notification of extension of treatment period, state of progress, anticipated date of completing treatment, etc.;
3. Provision of information related to treatment civil petitions, such as statues, civil petition manuals, and the standards for treating civil petitions pursuant to Article 36 (1) of the Act, etc.
(2) When the head of an administrative agency treats a civil petition pursuant to paragraph (1), he/she shall strengthen security or take other necessary measures to protect personal information.
 Article 12 (Receipt and Issuance of Civil Petitions Using Other Administrative Agencies, etc.)
(1) “Corporation prescribed by Presidential Decree” in Article 14 (1) of the Act means any of the following corporations:
1. Associations established under the Agricultural Cooperatives Act and the National Agricultural Cooperative Federation (hereinafter referred to as “agricultural cooperatives” in this Act);
2. Community credit cooperatives established under the Community Credit Cooperatives Act and the Korean Federation of Community Credit Cooperatives (hereinafter referred to as “community credit cooperatives” in this Act).
(2) Other administrative agencies, agricultural cooperatives, or community credit cooperatives (hereinafter referred to as “receiving agency” in this Article), in receipt of a civil petition under Article 14 (1) of the Act, shall, without delay, send the civil petition to the competent administrative agency.
(3) A competent administrative agency in receipt of the civil petition pursuant to paragraph (2) shall treat the civil petition expeditiously and report the result thereof to other agencies, agricultural cooperatives, or community credit cooperatives (hereinafter referred to as “issuing agency” in this Article) from which the civil petitioner intends to receive the civil petition. In such cases, where the receiving agency was requested by the competent administrative agency to send the filing document, required document, etc. related to the relevant civil petitions, it shall, without delay, send it.
(4) The head of another administrative agency who issues the civil petition document pursuant to Article 14 (1) of the Act may issue civil petition documents by omitting an official seal (including electronic image seal; hereinafter the same shall apply) of the competent administrative agency and affixing an official seal of the relevant agency: Provided, That he/she shall affix the official seal of the competent administrative agency for the civil petition which requires the official seal of the competent administrative agency due to relevant statues or the nature of the civil petition.
(5) Notwithstanding paragraph (3), where the same civil petitioner applies for issuance of a huge amount of the same document, such as certificate, (excluding electronic document under subparagraph 7 of Article 2 of the Electronic Government Act) simultaneously (including cases where the application was filed several times on the same working day) and therefore it is impracticable to treat them within the treatment period, the head of the competent administrative agency in receipt of the civil petition may issue the document by extending the treatment period by one day for every 20 documents.
(6) Where a civil petitioner files for a civil petition pursuant to Article 14 (1) of the Act, he/she shall pay additional expenses, including expenses incurred in treatment, in addition to the fees prescribed by statutes, directives, established rules, public notifications, municipal ordinances, or rules, etc. (hereinafter referred to as the “relevant statues, etc.”).
(7) The Minister of the Interior and Safety shall determine the types of civil petitions which may be received and treated by other administrative agencies, agricultural cooperatives, or community credit cooperatives, the receiving and issuing agency thereof, and the additional expenses thereof, etc. after consultation with the head of the relevant administrative agency, and make notification thereof. In such cases, he/she shall consult with the Chairmen of the National Agricultural Cooperative Federation about the civil petitions which may be received and issued by agricultural cooperatives and shall consult with the Chairmen of the Korean Federation of Community Credit Cooperatives about the civil petitions which may be received and issued by community credit cooperatives. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(8) Where a civil petitioner combines and files two or more civil petitions over which different administrative agencies have jurisdiction, other administrative agencies under Article 14 (1) of the Act, agricultural cooperatives, or community credit cooperatives may receive them and issue the document thereof in combination. <Amended by Presidential Decree No. 29799, Jun. 4, 2019>
(9) A civil petition received in combination pursuant to paragraph (8) shall be deemed to have been received by each competent administrative agency according to the competent statues of the civil petition. In such cases, where there is a civil petition, from among the civil petitions received in combination, which shall be completed in advance for the treatment of other civil petitions, the period necessary for the completion of the preceding civil petition shall not be included in the treatment period of the other civil petitions.
(10) The type of civil petitions that may be received and issued in combination by other administrative agencies under Article 14 (1) of the Act, agricultural cooperatives, or community credit cooperatives pursuant to paragraph (8), receiving and issuing agency, etc., thereof and other necessary matters shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 29799, Jun. 4, 2019>
 Article 13 (Delivery of Civil Petition Documents)
(1) Among civil petition documents received by civil-petition offices, those not under the jurisdiction of civil-petition offices shall be forwarded to the competent department for treatment within one business hour: Provided, That in special circumstances, such as where the competent department for treatment is too remote, they may be delivered within three business hours.
(2) When civil petition documents outside the jurisdiction are received, they shall be forwarded, within three business hours, to the competent department for treatment in the same administrative agency through civil-petition offices.
(3) A non-competent administrative agency, in receipt of civil petition documents, shall deliver the documents to the competent agency within eight business hours and notify a civil petitioner thereof. In such cases, upon request by the administrative the agency which delivered the civil petition, the administrative which received the civil petition document shall notify the agency of the result of treatment.
(4) Notwithstanding the provisions of paragraphs (1) through (3), when the received civil petition documents are electronic documents, they shall be delivered electronically without delay to the competent agency.
(5) Notwithstanding the former part of paragraph (3), notification may be omitted where it is announced in advance that the delivering status of civil petition document will be publicized on the Internet homepage, etc.
SECTION 2 Treatment Period and Method, Etc. of Civil Petitions
 Article 14 (Treatment Period, etc. of Inquiry Civil Petitions)
Where the head of an administrative agency receives an inquisitive civil petition, he/she shall treat it within the following period, except in extenuating circumstances:
1. Inquiry civil petition which requires the explanation or interpretation on statues: within 14 days;
2. Inquiry civil petition which requires explanation or interpretation on the matters other than statues, such as system, procedure, etc.: within seven days.
 Article 15 (Treatment Period, etc. of Suggestive Civil Petitions)
Where the head of an administrative agency receives an suggestive civil petition, he/she shall treat it within 14 days, except in extenuating circumstances.
 Article 16 (Treatment Period, etc. of Other Civil Petitions)
(1) Where the head of an administrative agency receives other civil petition, he/she shall treat it immediately, except in extenuating circumstances.
(2) Where the head of an administrative agency treats other civil petitions filed verbally or via phone pursuant to the proviso to Article 8 of the Act, he/she may omit the procedure of recording it in the civil petition treatment log.
(3) Notwithstanding paragraphs (1) and (2), the head of an administrative agency may conduct the affairs by determining treatment period and treatment procedure, etc. differently, considering the characteristics of the relevant agency.
 Article 17 (Treatment Period, Etc. of Civil Petition for Grievance)
(1) The head of an administrative agency in receipt of a civil petition for grievance shall treat it within 14 days, except in extenuating circumstances.
(2) Where a civil petitioner submits a civil petition for grievance with the same details again, the head of an administrative agency shall request the department in charge of inspection, etc. to investigate it.
(3) When the head of an administrative agency deems that the details of a civil petition for grievance treated pursuant to paragraph (1) has just grounds, he/she shall, without delay, take appropriate measures, such as cancellation or modification of the original disposistion, and notify the civil petitioner of the details thereof.
(4) The head of an administrative agency may conduct an on-site survey, etc. within 14 days when it is necessary to treat a civil petition for grievance: Provided, That when it is deemed impossible to complete the on-site survey, etc. within 14 days due to unavoidable reasons, he/she may extend the period only once within the scope of seven days.
(5) The time required for the actual survey, etc. pursuant to paragraph (4) shall not be included in the treatment period pursuant to paragraph (1).
(6) Where a civil petitioner underwent the investigation of the department in charge of inspection, etc. pursuant to paragraph (2), he/she may file a civil petition for grievance with the head of a supervisory agency with the authority to provide guidance, supervision, etc. of the affairs relevant to the civil petition for grievance. In such cases, the provision of paragraphs (1), (2), (4), and (5) shall apply mutatis mutandis to the treatment period and treatment method, etc. of civil petitions for grievance of the supervisory agency.
(7) The head of a supervisory agency shall notify the result of treating the civil petition for grievance pursuant to paragraph (6) to the head of the competent administrative agency. In such cases, except in extenuating circumstances, the head of the competent administrative agency may respect the result thereof, take proper measures, and notify the civil petition thereof.
(8) Even after filing a civil petition for grievance or being notified of the result of the civil petition treatment pursuant to paragraphs (1) through (7), a civil petitioner may file a civil petition for grievance with the Anti-Corruption and Civil Rights Commission or Local Ombudsman under subparagraph 9 of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission. <Newly Inserted by Presidential Decree No. 29799, Jun. 4, 2019>
 Article 18 (Request for Correcting Treatment Procedure of Civil Petition)
(1) In cases falling under any of the following in the process of treating civil petitions, a civil petitioner may request to the head of the administrative agency or the supervisory agency to rectify the matter:
1. Where the head of an administrative agency withholds or rejects the receipt of a civil petition or unfairly return a civil petition document received, in violation of Article 9 (1) of the Act;
2. Where the head of an administrative agency requests for additional documents other than necessary documents prescribed in the relevant statues, etc., in violation of Article 10 (1) of the Act;
3. Expiration of treatment period pursuant to Article 17 or 18 of the Act.
(2) The head of an administrative agency or a supervisory agency in receipt of a request for rectification pursuant to paragraph (1) shall, without delay, investigate it, take necessary measures therefor, and notify the petitioner of the treatment result thereof.
 Article 19 (Calculation of Treatment Periods)
When the period for treating a civil petition is determined as “immediate”, the civil petition shall be treated within three business hours, except in extenuating circumstances.
 Article 20 (Period Excluded from Treatment Period)
Article 11 of the Enforcement Decree of the Administrative Procedures Act shall apply mutatis mutandis to the period excluded from the period for treating civil petitions.
 Article 21 (Extension, etc. of Treatment Period)
(1) Where the head of an administrative agency deems it impracticable to treat civil petitions within the treatment period due to unavoidable reasons, he/she may extend the treatment period within the scope of the treatment period for the civil petition only once: Provided, That where it is difficult to treat the civil petition within the extended treatment period, he/she may extend the treatment period again within the scope of the treatment period again only once, with consent from the civil petitioner.
(2) When the head of an administrative agency extends the treatment period pursuant to paragraph (1), he/she shall, without delay, notify in writing the civil petitioner of the grounds for extension of the treatment period and the expected treatment dead line.
(3) Article 23 shall apply mutatis mutandis to the notification of extension of the treatment period pursuant to paragraph (2).
 Article 22 (Verification and Checking of Status of Treatment Progress)
(1) The head of an administrative agency shall verify and check the treatment procedures and operational status of civil petitions more than once a month.
(2) When the head of an administrative agency discovers major violation of statutes or decided that the fulfillment status was poor after verification and checking prescribed in paragraph (1), he/she shall, without delay, correct it and take disciplinary action or other necessary measures for employees related to the treatment of such civil petitions.
(3) When recognizing the an employee or department exceptionally treats civil petition based on the results of verification and check under paragraph (1), the head of an administrative agency may reward him/her/it. <Newly Inserted by Presidential Decree No. 29799, Jun. 4, 2019>
 Article 23 (Notification of Treatment Procedure, etc.)
(1) When 30 days have passed since the civil petition is received but the treatment thereof has not been completed, or there is an explicit request of a civil petitioner, the head of an administrative agency shall issue the document including the status of progress and the anticipated date, etc. of completing treatment or the notification thereof through an information and communications network or via post to a civil petitioner.
(2) The notification pursuant to paragraph (1) shall be issued, in principle, after each 30-day-period since the receipt of the civil petition.
(3) Notwithstanding paragraph (1), where it is announced in advance to the civil petitioner that the treatment progress, etc. of the civil petitions is opened on the Internet homepage, etc., the notification may be omitted.
 Article 24 (Supplementation Procedure and Method, etc. of Civil Petition Documents)
(1) Where the head of an administrative agency requests civil petitioners to supplement civil petition documents under Article 22 (1) of the Act, the complementation shall be made by documents, orally, etc., and where the civil petitioners requests specifically, it shall be made by documents.
(2) Where the civil petitioners to whom supplementation was requested pursuant to paragraph (1) requests an extension of the period because he/she is unable to supplement within the requested period, clearly stating the period necessary for the complementation, the head of an administrative agency shall, after considering it, set the period for complementation again. No such request for extension of period by any petitioner shall be made more than twice.
(3) The head of an administrative agency may re-request complementation when a petitioner fails to supplement civil petition documents within the period determined pursuant to Article 22 (1) of the Act or within the period re-determined pursuant to the former part of paragraph (2) of this Article, by determining the period of not more than ten days.
(4) Articles 156, 157, and 159 through 161 of the Civil Act shall apply mutatis mutandis to the method of calculating the period necessary for the complementation of civil petition documents pursuant to paragraphs 2 and 3.
 Article 25 (Return, etc. of Civil Petition Documents)
(1) When a civil petitioner fails to supplement civil petition documents within the period prescribed by Article 24, the head of an administrative agency may return the received civil petition documents, clearly stating the ground for rejection.
(2) When a request for complementation pursuant to Article 24 (1) was returned twice because unclear whereabout of the petitioner, the head of an administrative agency may deem the civil petition be withdrawn and complete the treatment thereof.
(3) When a civil petitioner requests the return of the civil petition documents after withdrawing the relevant civil petition, the head of an administrative agency shall return the documents to the civil petitioner, except as otherwise provided for in other statues.
(4) Where a civil petitioner or a person entrusted therewith fails to receive a written permission, certificate of completion of report, certificate, etc. (excluding an electronic document under subparagraph 7 of Article 2 of the Electronic Government Act and digitized document under subparagraph 8 of the same Article) similar thereto, which shall be issued directly to a civil petitioner pursuant to Article 27 (3) of the Act, without just grounds until 15 days have passed from the anticipated date of treatment (referring to the anticipated date notified in writing to the civil petitioner pursuant to paragraph (2) of the same Article, in cases of extending the treatment period pursuant to Article 21 (1)), the head of an administrative agency may discard it and complete the relevant treatment of civil petition.
 Article 26 (Treating of Repetitive or Redundant Civil Petitions Related to Many Persons)
Where the head of an administrative agency intends to complete a civil petition related to many persons pursuant to Article 23 (1) or (2) of the Act, he/she shall undergo deliberation by the civil petition coordination committee pursuant to Article 34 of the Act.
 Article 27 (Management of Civil Petitions Related to Many Persons)
(1) The head of an administrative agency shall formulate preventive measures in order to prevent civil petitions related to many persons.
(2) In order to treat and manage civil petitions related to many persons efficiently, the head of an administrative agency shall verify and analyze the status of treating the civil petitions related to many persons.
 Article 28 (Duties, etc. of Civil Petition Examiners)
(1) Where the head of an administrative agency deems that the duties of civil petition examiners pursuant to Article 25 (1) of the Act are excessive or require expertise, he/she may appoint a civil petition examiner partially in charge of the work to share part of duties of civil petition examiners.
(2) The civil petition examiners (including a civil petition examiner partially in charge of the work; hereinafter the same shall apply in this Article) shall verify and check the treatment status of civil petitions frequently, and when he/she finds the civil petition, of which the treatment period has elapsed, he/she shall, without delay, issue a reminder to the head of the competent department for treatment (referring to the relevant employees where the civil petition examiner is the head of the competent department for treatment).
(3) The civil petition examiners shall verify and check the treatment progress of civil petitions related to many persons and frequently report the result thereof to the head of an administrative agency to which he/she belongs.
SECTION 3 Notification, etc. of Treating Civil Petitions
 Article 29 (Method, etc. of Notifying Treatment Results)
(1) When the head of an administrative agency completes the treatment of civil petitions which he/she received, he/she shall, without delay, issue a civil petitioner the written results or notify a civil petitioner of the results by an information and communications network or via post.
(2) The term “cases prescribed by Presidential Decree, such as the cases of other civil petition and the cases where it is necessary to treat the civil petition quickly or a civil petitioner has filed a request” in the proviso to Article 27 (1) of the Act means any of the following cases:
1. Other civil petition;
2. Where it is necessary to notify a civil petitioner of the treatment result promptly;
3. Where a civil petitioner requests or agrees to be notified orally or via phone.
 Article 30 (Using, etc. Output of Electronic Documents)
(1) Where a civil petitioner outputs an electronic document, of which the head of an administrative agency notified the civil petitioner under Article 27 (1) of the Act by taking all measures falling under the following subparagraphs, such document shall be deemed an official document under subparagraph 1 of Article 3 of the Regulations on Promotion of Administrative Efficiency and Cooperation: <Amended by Presidential Decree No. 27103, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017>
1. Deleted; <by Presidential Decree No. 29799, Jun. 4, 2019>
2. Measures for preventing forgery or falsification;
3. Measures for verifying the authenticity of an output document;
4. Other measures notified by the Minister of the Interior and Safety to prevent forgery or falsification of an output document.
(2) The head of an administrative agency shall determine the types of electronic documents, the output of which pursuant to paragraph (1) is deemed an official document, notify it on the official gazette in advance, and place a notice thereof on the Internet homepage, etc.
 Article 31 (Clarification of Person in Charge of Treatment)
When the head of an administrative agency notifies the extension of treatment period, requests supplementation of civil petition documents, or notifies the status of treatment progress and result of treatment, or takes other measures, he/she shall notify the civil petitioner of the affiliation, name, and contact information of a person in charge of treating the civil petition.
 Article 32 (Issuance of Civil Petition Documents Using Unmanned Machines for Issuing Civil Petition Documents)
(1) Where the head of an administrative agency issues the civil petition documents using unmanned machines for issuing civil petition documents pursuant to Article 28 (1) of the Act, he/she may issue the documents by omitting an official seal (including electronic image seal; hereinafter the same shall apply) of the relevant administrative agency and affixing an official seal of the relevant agency: Provided, That he/she shall affix the official seal of the competent administrative agency for the civil petition document which requires the official seal of the competent administrative agency due to relevant statues or the nature of the civil petition.
(2) Where the identification of a civil petitioner is needed for issuing civil petition documents pursuant to statutes and the method of identification is not expressly prescribed in statues, the head of an administrative agency may use electronic media prescribed by the Minister of the Interior and Safety for the identification. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(3) The head of an administrative agency shall determine the types of civil petitions which may be treated by using unmanned machines for issuing civil petition documents and additional costs thereof, the types, etc. of civil petitions of which the identification is allowed by using electronic media pursuant to paragraph (2), and notify them on the official gazette and place a notice thereof on its Internet website. In such cases, the Minister of the Interior and Safety shall in advance consult with the head of a central administrative agency in charge of the relevant civil petitions. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(4) Matters necessary for the establishment, operation, etc. of unmanned machines for issuing civil petition documents, other than those prescribed in paragraphs (1) through (3), shall be prescribed by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
SECTION 4 Legal Civil Petitions
 Article 33 (Guidance on Civil Petition subject to Requests for Preliminary Review)
(1) The term “a legal civil petition prescribed by Presidential Decree, such as civil petitions incurring large financial costs for the filing thereof” in Article 30 (1) of the Act means a civil petition falling under any of the following (hereinafter referred to as “civil petitions subject to request for preliminary review”):
1. A legal civil petition incurring large financial costs to a civil petitioner in cases of filing formally due to the need for purchase of land, etc.;
2. A legal civil petition incurring large financial loss to a civil petitioner in cases where the head of an administrative agency refuses it.
(2) The head of an administrative agency shall in advance determine types of civil petitions subject to request for preliminary review and treatment period, required documents, etc. for each type of civil petition, and place a notice thereof to allow civil petitioners to inspect them, and include them in a civil petition manual.
 Article 34 (Treatment Procedure for Civil Petitions Subject to Requests for Preliminary Review)
(1) The provisions of Article 20 of the Act and Articles 6, 24, and 25 of this Decree shall apply mutatis mutandis to the receipt and treatment procedure of the civil petitions subject to request for preliminary review.
(2) The treatment period for the civil petitions subject to request for preliminary review shall be determined by the head of an administrative agency within the following scopes: Provided, That where it is impracticable to treat the civil petitions within the treatment period due to unavoidable reasons, the treatment period may be extended pursuant to Article 21:
1. Civil petitions for which the treatment period is less than 30 days: the treatment period;
2. Civil petitions for which the treatment period is at least 30 days: within 30 days.
(3) The head of an administrative agency shall minimize the number of documents required for the civil petitions subject to request for preliminary review, and when the civil petition was formally received after the request for preliminary review, he/she shall not further require the already-submitted documents.
(4) The head of an administrative agency shall expeditiously treat the civil petitions, which have gone through the preliminary review, by shortening the treatment period thereof, except in extenuating circumstances.
 Article 35 (Method, Procedure, etc. of Treating Complex Civil Petitions)
(1) The head of an administrative agency may have all civil documents related to complex civil petitions be submitted simultaneously to the competent department for treatment designated under Article 31 of the Act.
(2) The head of an administrative agency shall in advance determine types of complex civil petitions and method of receipt, required documents, treatment period, and procedure of treatment thereof pursuant to Article 31 (1) of the Act, in consultation with the head of related administrative agencies, place a notice thereof to allow civil petitioners to inspect them, and include them in a civil petition manual.
 Article 36 (Establishment and Operation, etc. of Civil Petition Deliberation Committee)
(1) In order to deliberate on complex civil petitions pursuant to Article 32 (3) 3 of the Act, the head of an administrative agency shall establish and operate a civil petition deliberation committee under his/her jurisdiction. In such cases, the names of the civil petition deliberation committees may vary, considering the characteristics of the relevant agency.
(2) The head commissioner of a civil petition deliberation committee pursuant to paragraph (1) (hereinafter referred to as “a civil petition deliberation committee”) (hereinafter referred to as “head commissioner” in this Article) shall be the head of the competent department for treatment, and the members of the committed shall be the persons in charge of business in the relevant agency or department.
(3) Notwithstanding paragraph (2), when head of an administrative agency deems it particularly necessary, he/she may appoint an external specialist related to civil petitions as the member of the civil petition deliberation committee.
(4) The head commissioner may request the persons in charge of the business in the relevant agency or department to attend a meeting, and the persons so requested shall attend the meeting of the civil petition deliberation committee, except in extenuating circumstances.
(5) When the head commissioner deems it necessary for the deliberation, he/she may request the relevant agency or department to jointly conduct a field investigation or survey, etc. and the requested agency or department shall comply with such request, except in extenuating circumstances.
(6) When the head commissioner deems it necessary for the efficient operation of the civil petition deliberation committee, he/she may listen to the opinion of the relevant persons, persons for reference, or experts.
(7) When the head commissioner have a civil petitioner attend the civil petition deliberation committee, he/she shall notify the civil petitioner of the meeting schedule, etc. in advance. In such cases, where the civil petitioner wishes or has a special reason not to attend the meeting, he/she may be allowed to state his/her opinion in writing (including documents by electronic methods; hereinafter the same shall apply).
(8) For expeditious treatment of complex civil petitions that require substantial economic costs for, such as founding or establishment of business, construction of a factory, etc., the head of an administrative agency may directly introduce them to the civil petition coordination committee pursuant to Article 34 (1) of the Act and deliberate them, after omitting deliberation by the civil petition deliberation committee.
 Article 37 (Designation and Operation of Civil Petition Supporter)
The head of an administrative agency may designate an employee belonging thereto as a civil petition supporter for complex civil petitions pursuant to Article 33 of the Act and have him/her perform the following duties:
1. Consulting civil petitioners regarding methods of treating civil petitions;
2. Providing support for the statement, etc. of civil petitioners in the civil petition deliberation committee and the civil petition coordination committee pursuant to Article 34 (1) of the Act;
3. Providing support for supplementation, etc. of civil petition documents;
4. Providing guidance on the treatment procedures for civil petitions and results thereof.
 Article 38 (Establishment and Operation of Civil Petition Coordination Committee)
(1) The term “matters prescribed by Presidential Decree” in Article 34 (1) 4 of the Act means matters falling under any of the following:
1. Designation of the competent department for treatment of civil petitions, of which the jurisdiction is unclear;
2. Improvement of statues or systems related to civil petitions;
3. Complex civil petitions introduced pursuant to Article 36 (8);
4. Other matters submitted to the meeting of the civil petition coordination committee pursuant to Article 34 (1) of the Act (hereinafter referred to as “civil petition coordination committee”) by the head of the relevant agency for comprehensive review, coordination, and completion of civil petitions.
(2) Notwithstanding Article 34 (1) 3 of the Act, the head of an administrative agency may omit the deliberation by the civil petition coordination committee for matters falling under any of the following subparaghraphs:
1. Where no discretion exists for the judgement of an administrative agency in treating the relevant civil petition;
2. Where no discretion exists for interpretation since the requirements for treating civil petitions are specifically prescribed in statues;
3. A civil petition which had been rejected in the deliberation by the civil petition coordination committee was received again for the same reason.
(3) The head commissioner of the civil petition coordination committee (hereinafter referred to as “head commissioner” in this Article) shall be designated by the head of an administrative agency, from among the director-level public officials belonging thereto or the employees corresponding thereto, and the members of the committee shall be the head of the competent department for treatment, the head of the relevant department, the head of department in charge of inspection, external legal experts, and external experts relevant to civil petitions, in principle: Provided, That in cases of deliberating or coordinating the complex civil petitions which are determined to be subject to rejection by the civil petition deliberation committee after consultation with the relevant agency, the head of competent department for treatment of the relevant agency may be the member of committee.
(4) When the head commissioner of the civil petition coordination committee deems it necessary for the efficient operation of the civil petition coordination committee, he/she may listen to the opinion of persons concerned, persons for reference, or experts.
(5) When the head commissioner of the civil petition coordination committee holds a civil petition coordination committee meeting, he/she shall notify the civil petitioner, persons concerned, etc. of the meeting schedule, etc. in advance so that the civil petitioner, persons concerned, etc. may attend the meeting. In such cases, where the civil petitioner, relevant persons, etc. wishes or has any special ground not to attend the meeting, he/she may be allowed to state his/her opinion in writing.
 Article 39 (Final Decisions by Head of Administrative Agency)
The head of an administrative agency shall honor the result of the deliberation of the civil petition deliberation committee and the deliberation of the civil petition coordination committee.
 Article 40 (Method and Treatment Procedure, etc. for Objections)
(1) An objection prescribed in Article 35 of the Act shall be filed with the documents stating the following matters:
1. The name and address of an applicant (in cases of a corporation or organization, referring to the name, location of office or business place, and the name of representative thereof) and contact information thereof;
2. The civil petition subject to the objection;
3. The purpose of and grounds for the objection;
4. The day of receiving disposition for refusal and details of the disposition for refusal.
(2) When the head of an administrative agency notifies the result of the decision on the objection pursuant to the main sentence of Article 35 (2) of the Act, he/she shall clearly state the grounds for decision, method for appealing against an original disposition for refusal, and procedure for appeal thereof.
(3) When the head of an administrative agency notifies the extension of period of decision on the objection pursuant to the proviso to Article 35 (2) of the Act, he/she shall specify the grounds for such extension and period thereof, etc. in the notice.
(4) The head of an administrative agency shall record and keep the treatment status of the objection in the objection treatment register.
CHAPTER III IMPROVEMENT, ETC. OF CIVIL PETITION SYSTEM
 Article 41 (Improvement of Civil Petition System)
(1) The details of which the head of an administrative agency shall notify the Minister of the Interior and Safety pursuant to Article 39 (2) of the Act shall include the following matters: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. The promotion plan for improvement of civil petition system and the progress thereof;
2. The improved matters and performance records;
3. The timing of completing improvement.
(2) In cases falling under any of the following, the head of an administrative agency shall determine whether he/she accepts it and notify the Minister of the Interior and Safety therof: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. Where the Minister of the Interior and Safety notifies the improvement scheme pursuant to Article 39 (4) of the Act;
2. Where the Minister of the Interior and Safety recommends the improvement of the matters pursuant to Article 39 (5) of the Act;
3. Where the civil petition system improvement and coordination committee (hereinafter referred to as “Coordination Committee”) prescribed by Article 40 of the Act deliberated or coordinated the matters pursuant to Article 39 (6) of the Act.
 Article 42 (Functions of Coordination Committee)
The term “the matters prescribed by Presidential Decree, such as matters requiring improvement of civil petition system related to multiple government departments, and matters requested to be deliberated pursuant to Article 39 (6)” in Article 40 (2) of the Act means the following matters:
1. Matters of improvements of systems regarding civil petition system related to multiple government departments;
2. Matters concerning deliberation and recommendation on implementation of tasks which an administrative agency failed to implement or improve;
3. Matters concerning effective implementation of affairs for the improvement of civil petition system;
4. Matters for which the deliberation was requested pursuant to Article 39 (6) of the Act;
5. Other matters deemed necessary by the head commissioner of the Coordination Committee.
 Article 43 (Organization, etc. of Coordination Committee)
(1) The Coordination Committee shall consist of more than ten members, including one head commissioner.
(2) The head commissioner of the Coordination Committee shall be the Minister of the Office for Government Policy Coordination and the members shall be the deputy head of the Ministry of Strategy and Finance, the Ministry of the Interior and Safety, the Office for Government Policy Coordination, the Ministry of Government Legislation, and the vice-head of the competent administrative agency of the relevant tasks: Provided, That an external expert may be appointed as a member where necessary for the improvement of civil petition systems. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(3) The Coordination Committee shall have two assistant administrators, and each assistant administrator shall be designated by the Minister of the Interior and Safety and the Minister of the Office for Government Policy Coordination, respectively, from among public officials belonging to each ministry. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
 Article 44 (Hearing of Opinions, etc. of Coordination Committee)
(1) When the head commissioner of the Coordination Committee deems it necessary, he/she may take the following measures:
1. To request explanation or submission of data, document, etc. to the head of the relevant administrative agency;
2. To request attendance and statement of opinions to persons for reference or employees concerned.
(2) When the head of an administrative agency receives requests pursuant to each subparagraph of paragraph (1), he/she shall comply with such requests, except in extenuating circumstances.
 Article 45 (Duties of Head Commissioner of Coordination Committee)
The head commissioner of the Coordination Committee shall represent the Coordination Committee, convene the meeting, and become the chairperson thereof.
 Article 46 (Acting Head Commissioner of Coordination Committee)
Where the head commissioner of the Coordination Committee fails to attend the coordination meeting, the members shall execute duties thereof in the order designated in advance by the head commissioner.
 Article 47 (Detailed Rule of Operation)
Necessary matters for the operation of the coordination meeting other than those prescribed in this Decree shall be determined by the head commissioner through the resolution of the Coordination Committee.
 Article 48 (Gathering of Opinions)
When the head of a central administrative agency prepares a plan for simplifying civil petitions under his/her jurisdiction, such as required documents and treatment procedure thereof, pursuant to Article 41 (2) of the Act, he/she shall gather opinions of persons concerned, relevant organizations, experts, etc.
 Article 49 (Verification, Check, etc.)
(1) Articles 11 and 12 of the Regulations on Administrative Inspection of Local Governments shall apply mutatis mutandis to the verification and check pursuant to Article 42 (1) of the Act.
(2) For minor matters, including expiration of treatment period, additional request for required documents, and unfair return of petition, among matters for which the measures for correction are deemed necessary pursuant to Article 42 (2) of the Act, the Minister of the Interior and Safety may directly request the head of the relevant administrative agency to take necessary measures for the correction thereof, notwithstanding Article 42 (2) of the Act. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(3) The head of the relevant administrative agency requested to make a correction by the Prime Minister pursuant to Article 42 (2) of the Act, or requested to make a correction by the Minister of the Interior and Safety pursuant to paragraph (2) of this Article shall notify the treatment result thereof to the Minister of the Interior and Safety. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
 Article 50 (Evaluation)
(1) When the Minister of the Interior and Safety deems it necessary for the improvement of civil petition administration pursuant to Article 42 (1) of the Act, he/she may evaluate the implementation status of the improvement of civil petition administration and civil petition system. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(2) The Minister of the Interior and Safety may reward exemplary organizations and public officials according to the result of evaluation pursuant to paragraph (1). <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
 Article 51 (Collection of Public Opinion on Civil Petition Administration)
(1) When the Minister of the Interior and Safety intends to collect public opinion regarding the treatment of civil petitions by administrative agencies pursuant to Article 44 of the Act, if it is necessary for the effective collection of public opinion, he/she may request the relevant agency or organization, etc. to conduct a survey of public opinion. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(2) When it is necessary to improve the civil petition administrative system and the operation thereof according to the collected public opinion, the Minister of the Interior and Safety may request the head of the relevant administrative agency to take necessary measures for the correction thereof, after obtaining an approval of the Prime Minister. In such cases, the head of the relevant administrative agency shall take appropriate measures, and notify the Minister of the Interior and Safety of the treatment result thereof. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
 Article 52 (Management of Personally Identifiable Information)
The head of an administrative agency in receipt of and issuing a civil petition under the jurisdiction of other administrative agency pursuant to Article 14 (1) of the Act (including agricultural cooperatives and community credit cooperatives) may treat data including resident registration numbers, passport numbers, drivers license number, or alien registration numbers pursuant to subparagraphs 1 through 4 of Article 19 (1) of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable for receipt and issuance of civil petitions.
 Article 53 (Special Cases on National Assembly, etc.)
The National Assembly, courts, the Constitutional Court, and the National Election Commission may determine the matters prescribed in Articles 3 through 5, 7, 9 through 11, 22, 29 (1), 30 through 32, 33 (2), 34, 36, 37, or 39 differently according to the National Assembly Rule, the Supreme Court Rule, the Constitutional Court Rule, or the National Election Commission Rule, where it is necessary for efficient treatment of civil petitions of the relevant agency.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Repeated and Redundant Civil Petitions)
The amended provision of Article 26 shall begin to apply, starting from the first repeated and redundant civil petition related to many persons received after this Decree enters into force.
Article 3 (Transitional Measures Concerning Treatment, etc. of Civil Petitions for Grievance)
Notwithstanding the amended provision of Article 17, the former provision shall apply to the civil petitions for grievance received before this Decree enters into force.
Article 4 Omitted.
Article 5 (Relationship to Other Statutes)
A citation of any provision of the former Enforcement Decree of the Civil Petitions Treatment Act by any statute in force as at the time this Decree enters into force, shall be deemed a citation of this Decree or the relevant provision of this Decree in lieu of the former provision, if such relevant provision exists herein.
ADDENDA <Presidential Decree No. 27103, Apr. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
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 Presidential Decrees amended by Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement date of the respective Decrees.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 29799, Jun. 4, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission)
Subparagraph 9 of Article 2 of the Act on the Prevention of Corruption and the Establishment And Management of the Anti-Corruption and Civil Rights Commission from among amended provisions of Article 17 (8) shall be construed as subparagraph 8 of Article 2 of the same Act until October 16, 2019.