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FRAMEWORK ACT ON ADMINISTRATIVE REGULATIONS

Act No. 5368, Aug. 22, 1997

Amended by Act No. 5529, Feb. 28, 1998

Act No. 7797, Dec. 29, 2005

Act No. 8852, Feb. 29, 2008

Act No. 9532, Mar. 25, 2009

Act No. 9965, Jan. 25, 2010

Act No. 11690, Mar. 23, 2013

Act No. 11935, Jul. 16, 2013

Act No. 13329, May 18, 2015

Act No. 14184, May 29, 2016

Act No. 15037, Nov. 28, 2017

Act No. 15609, Apr. 17, 2018

Act No. 16322, Apr. 16, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe basic matters concerning administrative regulations, thereby contributing to the improvement of the quality of life of citizens and the enhancement of national competitiveness in a sustained manner by facilitating self-regulation and creative initiative in social and economic activities through the repeal of unnecessary administrative regulations and the prevention of inefficient administrative regulations.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 2 (Definitions)
(1) The terms used in this Act shall be defined as follows:
1. The term "administrative regulations" (hereinafter referred to as "regulations") means restrictions on the rights of citizens (including foreigners subject to the laws of the Republic of Korea) or duties imposed thereon by the State or local governments to accomplish a specific administrative objective, which are prescribed by statutes or regulations, etc., municipal ordinances, or municipal rules;
2. The term "statutes or regulations, etc." means Acts, Presidential Decrees, Ordinance of the Prime Minister, Ordinance of the Ministries and other public notices, etc. mandated thereunder;
3. The term "existing regulations" means regulations prescribed based on other statutes as at the time this Act enters into force, and those prescribed according to the procedure specified in this Act after this Act enters into force;
4. The term "administrative agencies" means agencies that have administrative authority under statutes or regulations, etc., municipal ordinances, or municipal rules, and juristic persons, organizations, institutions or individuals delegated or entrusted with the said authority;
5. The term "regulatory impact analysis" means to predict and analyze various impacts of regulations on the everyday lives of citizens, as well as on the social, economic, administrative and any other aspects by using objective and scientific means, and thus to establish a standard which serves as the basis for determining the appropriateness of the regulations.
(2) The concrete scope of the regulations shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 3 (Scope of Application)
(1) Except otherwise provided in other statutes, administrative regulations shall be governed by this Act.
(2) This Act shall not apply to any of the following: <Amended by Act No. 14184, May 29, 2016; Act No. 15037, Nov. 28, 2017>
1. Affairs executed by the National Assembly, the Courts, the Constitutional Court, the Election Commission, and the Board of Audit and Inspection;
2. Affairs relevant to criminal matters, criminal administration, and security measures;
2-2. Matters relevant to imposition and collection of penalty surcharges and administrative fines;
3. Matters relevant to information and security-related duties under the National Intelligence Service Korea Act;
5. Matters relevant to military installations, the protection of military secrets, and the defense industry;
6. Matters relevant to the items, rates, imposition, and collection of taxes.
(3) Local governments shall take necessary measures for the registration and announcement of regulations prescribed by municipal ordinances and municipal rules, review of establishment or reinforcement of the new and existing regulations, revision of existing regulations, establishment of regulation-review organization, etc., under the purport of this Act.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 4 (Principle of Statutory Regulation)
(1) Regulations shall be based on statutes, and the contents thereof shall be provided in clear and unambiguous language.
(2) Regulations shall be directly provided for by statutes, and the specific details of the regulations may be determined by Presidential Decree, Ordinance of the Prime Minister, Ordinance of the Ministries, or municipal ordinances and municipal rules, as entrusted by statutes or higher statutes or regulations by fixing the specific scope thereof: Provided, That when the statutes or regulations mandate professional, technical or minor matters which need to be mandated due to relevant extenuating circumstances considering the nature of affairs by specifying the scope thereof in detail, regulations may be prescribed by public notice, etc.
(3) No administrative agencies may limit the rights of citizens or impose duties on citizens pursuant to regulations that are not based on statutes.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 5 (Principles of Regulations)
(1) The State or local governments shall respect the freedom and creative initiative of citizens and shall not infringe on the essential purport thereof in establishing regulations.
(2) The State or local governments shall make sure to establish effective regulations in order to protect the lives, human rights, public health, environment, etc. of citizens and ensure the safety of foods and medical goods, in establishing a new regulation.
(3) The scope and means of regulations shall be set forth to ensure the objectivity, transparency and fairness by the most effective means within the minimum extent required to realize the objectives of such regulations.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 5-2 (Principle of Preferential Permission and Ex-Post Regulation)
(1) When the State or a local government stipulates regulations related to the new services or goods utilizing a new technology (hereinafter referred to as “new technology services and goods”) into statutes or regulations, etc., municipal ordinance, or municipal rules, it shall preferentially consider any of the following prescription methods:
1. A stipulative method of specifically enumerating the rights limited by such regulations or the duties imposed thereby and permitting other matters in principle;
2. A stipulative method of describing recognition requirements and concepts, etc. for services and goods so as to encompass the new services and goods in line with the future development of new technology;
3. A stipulative method of flexibly describing classification standards for services and goods so as to encompass the new services and goods in line with the future development of new technology;
4. Other methods to restrict rights or impose duties, if necessary, with respect to new technology services and goods after putting such new services and goods on the market, instead of restricting rights or imposing duties therebefore.
(2) The State and local government shall, by checking up the regulations related to new technology services and goods, try to find schemes to improve such regulations by any of stipulative methods prescribed in paragraph (1).
[This Article Newly Inserted by Act No. 16322, Apr. 16, 2019]
 Article 6 (Registration and Announcement of Regulations)
(1) The head of a central administrative agency shall register the name, content, legal basis, administering agency, etc. of regulations under his/her jurisdiction with the Regulatory Reform Committee (hereinafter referred to as the "Committee") under Article 23.
(2) The Committee shall prepare and announce lists of regulatory affairs registered under paragraph (1), and submit it to the National Assembly by the end of June each year.
(3) If the Committee finds regulations that is not registered upon conducting an ex officio investigation, it shall require without delay the head of the relevant central administrative agency to register the regulations with the Committee, or to submit a revision plan of statutes or regulations which is intended to abolish the regulations in question, and the head of the relevant central administrative agency shall comply therewith unless there is a compelling reason not to do so.
(4) Necessary matters for the methods, procedures, etc. of registration and announcement under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
CHAPTER II PRINCIPLES AND EXAMINATION OF ESTABLISHMENT AND REINFORCEMENT OF REGULATIONS
 Article 7 (Regulatory Impact Analysis and Independent Examination)
(1) When the head of a central administrative agency intends to establish new regulations or reinforce existing regulations (including the extension of the effective period of regulations; hereinafter the same shall apply), he/she shall conduct a regulatory impact analysis taking account of the following matters comprehensively, and prepare a regulatory impact analysis report: <Amended by Act No. 13329, May 18, 2015>
1. Necessity of establishing new regulations or reinforcing existing regulations;
2. Feasibility of the objectives of regulations;
3. Existence of alternative means to regulations, or possible overlapping of existing regulations;
4. Comparative analysis on costs and benefit which are to be borne by or enjoyed by the citizens and groups subject to regulations following the implementation of regulations;
5. Effects arising from the implementation of regulations on small and medium-sized enterprises under Article 2 of the Framework Act on Small and Medium Enterprises;
6. Whether competition-restricting factors are included;
7. Objectivity and clarity of regulations;
8. Administrative organization, human resources, and required budget following the establishment or reinforcement of regulations;
9. Whether documents required for relevant civil affairs, procedures for handling thereof, and other similar matters are appropriate.
(2) The head of a central administrative agency shall announce to the public the regulatory impact analysis report under paragraph (1) during the period of pre-announcement of legislations, supplement the regulatory impact analysis report after reviewing the submitted opinions, and notify the persons who have submitted their opinions of the results of handling the submitted opinions.
(3) The head of a central administrative agency shall determine the subject, scope, method, etc. of regulations based on the findings of the regulatory impact analysis under paragraph (1), and conduct an independent examination on the propriety thereof. In such cases, opinions of the relevant experts, etc. shall be fully reflected in the examination.
(4) Necessary matters for the method and procedure of a regulatory impact analysis, and the guidelines for preparation, method of announcement, and other similar matters of a regulatory impact analysis report shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 8 (Stipulation of Effective Period of Regulations)
(1) When the head of a central administrative agency intends to establish new regulations or reinforce existing regulations, he/she shall stipulate in the relevant statutes or regulations, etc. the effective period or review period (referring to the period applied exclusively to regulations that is deemed necessary to be abolished or relaxed as a result of a regular examination on its implementation) of regulations which have no evident grounds to remain in force. <Amended by Act No. 11935, Jul. 16, 2013>
(2) The effective period or review period for which the regulations remain in force shall be set as no longer than what is required to achieve the objectives of the regulations, and the period shall not exceed five years in principle. <Amended by Act No. 11935, Jul. 16, 2013>
(3) The head of a central administrative agency shall request an examination to the Committee under Article 10 by six months prior to the expiration of the effective period or review period of the regulations, if deemed necessary for extending the effective period or review period thereof. <Amended by Act No. 11935, Jul. 16, 2013>
(4) The Committee may, if deemed necessary for making an examination under Articles 12 and 13, recommend the head of a central administrative agency to set the effective period or review period of the regulation in question. <Amended by Act No. 11935, Jul. 16, 2013>
(5) When the head of a central administrative agency deems it necessary to extend the effective period or review period of regulations provided in statutes, he/she shall submit, to the National Assembly, a draft amendment to the effect that the effective period or review period of the regulations needs to be extended by three months prior to the expiration of the effective period or review period of regulations in question. <Amended by Act No. 11935, Jul. 16, 2013>
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 8-2 (Equity of Regulations on Micro Enterprises)
(1) Where the head of a central administrative agency intends to newly establish and reinforce regulations, he/she shall review measures to fully or partially exempt the relevant regulations or suspend the relevant regulations for a specific period, if he/shes determines that the regulations are inappropriate or likely to place an excessive burden when he/she applies the regulations to micro enterprises falling under Article 2 of the Act on the Protection of and Support for Micro Enterprises and small enterprises falling under Article 2 (2) of the Framework Act on Small and Medium Enterprises.
(2) Where the head of a central administrative agency determines that it is inappropriate to apply paragraph (1), he/she shall present the grounds for such determination when requesting the Committee to examine pursuant to Article 10 (1).
[This Article Newly Inserted by Act No. 15609, Apr. 17, 2018]
 Article 9 (Hearing Public Opinions)
If the head of a central administrative agency intends to establish new regulations or reinforce existing regulations, he/she shall sufficiently hear the opinions of administrative agencies, civic groups, interested parties, research institutes, experts, etc. by such means as public hearings, pre-announcement of legislations, etc.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 10 (Request for Examinations)
(1) The head of a central administrative agency shall request for an examination to the Committee if he/she intends to establish new regulations or reinforce existing regulations. In cases of a legislative bill, the request for an examination shall be made prior to filing a request for an examination of the legislative bill with the Minister of Government Legislation.
(2) When the head of a central administrative agency requests an examination under paragraph (1), he/she shall submit to the Committee a draft of the regulations, along with the following matters:
1. A regulatory impact analysis report under Article 7 (1);
2. Opinion from an independent examination under Article 7 (3);
3. Summary of opinions submitted by administrative agencies, interested parties, etc. under Article 9.
(3) When the Committee is requested for the examination of regulations under paragraph (1), it may request a submission of revision plans for regulations subject to the relevant statute or regulation.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 11 (Preliminary Examinations)
(1) The Committee shall determine whether regulations in question require review (hereinafter referred to as "important regulations") stipulated in Article 12 within 10 days from the date on which it is requested for an examination under Article 10, in consideration of the ripple effects by regulations in question on the daily lives and socio-economic activities of citizens.
(2) Regulations determined as unimportant by the Committee under paragraph (1) shall be deemed to have undergone the examinations of the Committee.
(3) The Committee shall notify the head of the relevant central administrative agency, without delay, of the result of a decision made under paragraph (1).
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 12 (Examinations)
(1) The Committee shall complete an examination of regulations which are determined as important regulations under Article 11 (1) within 45 days from the date on which a request for examination is made: Provided, That if an extension of the examination period is essential, the Committee may extend it only once within the scope not exceeding 15 days.
(2) The Committee shall review whether the relevant central administrative agency’s independent review has been conducted in a reasonable manner according to the appropriate procedures, based on reliable data and sources.
(3) The Committee may demand that the head of the relevant central administrative agency provide supplementary documents to those appended pursuant to the subparagraphs of Article 10 (2), if such supplementary data is required. In such cases, the period taken for the supplementation shall not be included in the examination period under paragraph (1).
(4) When the Committee completes the examination under paragraph (1), it shall notify, without delay, the head of the relevant central administrative agency of its findings.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 13 (Examinations of Establishment or Reinforcement of Urgent Regulations)
(1) The head of a central administrative agency may request for an examination to the Committee without following the procedures specified in Articles 7, 8 (3), 9 and 10, if special grounds exist for immediate establishment or reinforcement of regulations. In such cases, the grounds therefor shall be stated clearly.
(2) If the Committee determines that the regulations requested for the examination under paragraph (1) is deemed urgent, it shall review as to whether the establishment or reinforcement of the regulations is reasonable within 20 days from the date on which the request for an examination is made, and notify the head of the relevant central administrative agency of its findings. In such cases, the head of the relevant central administrative agency shall submit, within 60 days from the date on which he/she is notified of the Committee's review results, the regulatory impact analysis report to the Committee.
(3) The Committee may, if it determines that the regulations requested to be examined under paragraph (1) are deemed not urgent, within 10 days from the date on which it receives a request for an examination, demand that the head of the relevant central administrative agency follow the procedures provided in Articles 7 through 10.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 14 (Recommendation of Improvement)
(1) The Committee may recommend to the head of the relevant central administrative agency the withdrawal or improvement of new or reinforced regulations, if deemed necessary based on the findings of the examination under Articles 12 and 13.
(2) The head of the relevant central administrative agency in receipt of a recommendation under paragraph (1) shall comply therewith, unless any special grounds exist to the contrary, and shall submit the result of the procedure to the Committee, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 15 (Re-Examinations)
(1) The head of a central administrative agency may request the Committee to conduct re-examination, as prescribed by Presidential Decree, if he/she has objections to the findings of the examination by the Committee, or has special circumstances deemed difficult for him/her to take a measure as recommended by the Committee.
(2) When the Committee is requested for the re-examination under paragraph (1), it shall complete the re-examination within 15 days from the date on which such request is made, and notify the head of the relevant central administrative agency of its findings.
(3) Article 14 shall apply mutatis mutandis to the re-examination under paragraph (2).
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 16 (Compliance with Examination Procedures)
(1) The head of a central administrative agency shall not establish new regulations or reinforce existing regulations without undergoing the examination by the Committee.
(2) When requesting for the examination of a legislative bill which includes regulations to be established or reinforced to the Minister of Government Legislation, the head of a central administrative agency shall include an examination opinion of the Committee on the regulations in question to the Minister of Government Legislation. The same shall apply to cases of presenting a legislative bill to the State Council.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
CHAPTER III REVISION OF EXISTING REGULATIONS
 Article 17 (Request for Revision of Regulations)
(1) Any person may request the Committee to abolish or improve (hereinafter referred to as "revision") existing regulations, by means of a public notice, etc.
(2) The Committee in receipt of request for revision pursuant to paragraph (1) shall notify, without delay, the head of the administrative agency having jurisdiction over the relevant regulations of such request; and the administrative agency in receipt of such request shall faithfully reply to such request in the real name of the person in charge.
(3) Where necessary with respect to a reply falling under paragraph (2), the Committee may request the head of the relevant administrative agency to explain the necessity for the retention of the relevant regulations.
(4) The head of the relevant administrative agency in receipt of request to explain pursuant to paragraph (3) shall comply with such request unless there is a compelling reason not to do so.
(5) Matters necessary for requesting the revision of existing regulations, deadlines and procedures for replies and explanations falling under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 15609, Apr. 17, 2018]
 Article 17-2 (Presentation of Opinions on Regulations Falling under Jurisdiction of Other Administrative Agency)
Where the head of a central administrative agency determines that it is necessary to improve regulations falling under the jurisdiction of other central administrative agency in order to effectively achieve the purpose of improving regulations or of a policy falling under the jurisdiction of the central administrative agency, he/she may present his/her opinion on such necessity.
[This Article Newly Inserted by Act No. 15609, Apr. 17, 2018]
 Article 18 (Examinations of Existing Regulations)
(1) The Committee may examine the revision of existing regulations in any of the following cases: <Amended by Act No. 7797, Dec. 29, 2005; Act No. 9965, Jan. 25, 2010; Act No. 15609, Apr. 17, 2018>
1. Where the Committee has acknowledged the need to examine a request for revision under Article 17 and opinions presented under Article 17-2;
2. Deleted; <by Act No. 9532, Mar. 25, 2009>
3. Where the Committee has acknowledged the necessity for an examination of specific existing regulations after gathering the opinions of interested parties, experts, etc.
(2) Articles 14 and 15 shall be applicable mutatis mutandis to examinations falling under paragraph (1). <Amended by Act No. 9965, Jan. 25, 2010>
 Article 19 (Independent Revision of Existing Regulations)
(1) The head of a central administrative agency shall annually select regulations under his/her jurisdiction which require revision and revise them, after gathering the opinions of interested parties, experts, etc. on those existing regulations.
(2) The head of a central administrative agency shall submit the results of the revision under paragraph (1) to the Committee, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 19-2 (Stipulation of Effective Period and Review Period of Existing Regulations)
(1) The head of a central administrative agency shall stipulate in the relevant statutes or regulations, etc. the effective period or review period of regulations proved to have no evident grounds to remain in force after an examination on the existing regulations.
(2) Regarding the stipulation of the effective period or review period of the existing regulations pursuant to paragraph (1), Article 8 (2) through (5) shall be applied mutatis mutandis.
[This Article Newly Inserted by Act No. 11935, Jul. 16, 2013]
 Article 19-3 (Improvements of Regulations Related to New Technology Services and Goods and Special Treatment Thereof)
(1) Where, with respect to new technology services and goods, a citizen requests the confirmation of whether such regulations apply or exist, the head of a central administrative agency shall, without delay, confirm such matter and notify that citizen of the result of the confirmation, pursuant to the relevant statutes granting special regulatory treatment to new technology services and goods.
(2) Where regulations related to new technology services and goods impedes the promotion of new technology services and goods and falls under any of the following subparagraphs, the head of a central administrative agency shall promptly revise the relevant regulation:
1. Where it is difficult or inappropriate to apply existing regulations to the relevant new technology services;
2. Where the relevant new technology services are not definitely prescribed.
(3) Where regulations are required to be improved pursuant to paragraph (2), the head of a central administrative agency may, if necessary, exempt or relax the application of such regulations pursuant to the relevant statutes granting special regulatory treatment to new technology services and goods, even before that regulations are revised.
(4) Where the head of a central administrative agency inserts a provision for exempting or relaxing the application of regulations in the relevant statutes granting special regulatory treatment to new technology services and goods, he/she shall comprehensively consider the following matters:
1. Whether such provision impairs the safety, life, and health of citizens or impedes the balanced regional development and whether the personal information is safely protected and processed;
2. Innovation and safety of the relevant new technology services and goods, and their accompanying convenience to the users;
3. Schemes to secure ex-post responsibility for by-effects which would occur due to the exemption or relaxation of the application of such regulations.
[This Article Newly Inserted by Act No. 16322, Apr. 16, 2019]
 Article 19-4 (Formulation and Implementation of Master Plan for Regulatory Revision on New Industry)
(1) The Committee shall formulate and implement a master plan concerning regulatory revision in the field of new industry every three years to promote and encourage new industry.
(2) A master plan under paragraph (1) shall contain the following matters:
1. Goals and basic directions of regulatory revision in the field of new industry;
2. Matters concerning improvement of regulations to promote the field of new industry;
3. Matters concerning conversion of regulations in the field of new industry into the style of preferential permission and ex-post regulation;
4. Matters concerning business and policy cooperation among the relevant central administrative agencies with respect to the regulatory revision in the field of new industry;
5. Other matters necessary for the regulatory revision in the field of new industry.
(3) When a master plan under paragraph (1) is formulated, the Committee shall notify it to the head of the relevant central administrative agency without delay.
(4) The head of the relevant central administrative agency shall reflect an annual implementation plan in a plan for regulatory revision under Article 20 according to the master plan under paragraph (1).
[This Article Newly Inserted by Act No. 16322, Apr. 16, 2019]
 Article 20 (Establishment of Comprehensive Plan for Regulatory Revision)
(1) The Committee shall select the field of regulations or specific regulations in force requiring priority revision each year, prepare the revision guidelines of existing regulations, and notify the head of a central administrative agency thereof, following the resolution of the Committee. In such cases, the Committee may, if deemed necessary, set a deadline for the revision of specific existing regulations in force in the revision guidelines.
(2) The head of a central administrative agency shall establish a plan for regulatory revision under his/her jurisdiction according to the revision guidelines under paragraph (1) and submit it to the Committee.
(3) The Committee shall establish a comprehensive plan for regulatory revision of the Government by integrating plans for regulatory revision of each central administrative agency under paragraph (2), and shall announce the details thereof after reporting to the President upon deliberation by the State Council.
(4) The method and procedure for establishing and announcing the comprehensive plan for regulatory revision shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 21 (Implementation of Comprehensive Plan for Regulatory Revision)
(1) The head of a central administrative agency shall revise regulations in force under his/her jurisdiction according to the Government's comprehensive plan for regulatory revision established and announced under Article 20, and shall submit the results to the Committee, as prescribed by Presidential Decree.
(2) The head of a central administrative agency shall complete the revision of the existing regulations having deadlines determined and notified by the Committee pursuant to the latter part of Article 20 (1) by such deadline, and shall notify the Committee of the results: Provided, That if the head of the central administrative agency fails to complete the revision by the deadline set by the Committee, he/she shall submit to the Committee without delay, the revision plan of the existing regulations specifically stating the grounds therefor, and shall notify the Committee of the results after completing the revision thereof.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 22 (Organizational Restructuring)
(1) The Committee shall notify the heads of the central administrative agencies that take charge of governmental organizations and budgets when the revision of existing regulations is complete.
(2) The head of the relevant central administrative agency, in receipt of the notification under paragraph (1), shall devise a plan for the rationalization of the governmental organizations or the budget in accordance with the revision of existing regulations.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
CHAPTER IV REGULATORY REFORM COMMITTEE
 Article 23 (Establishment)
A Regulatory Reform Committee shall be established under the jurisdiction of the President to deliberate upon and coordinate the Government's regulation policies as well as to comprehensively carry out matters concerning the examination, revision, etc. of regulations.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 24 (Functions)
(1) The Committee shall deliberate and coordinate each of the following: <Amended by Act No. 16322, Apr. 16, 2019>
1. Matters concerning the basic direction-setting for policies for regulations and research and development of regulatory systems;
2. Matters concerning examination of new establishment and reinforcement, etc. of regulations;
3. Matters concerning the examination of existing regulations, and the formulation and implementation of master plans for regulatory revision on new industry and comprehensive plans for regulatory revision;
4. Matters concerning the registration and announcement of regulations;
5. Matters concerning the collection and treatment of opinions on regulatory improvement;
6. Matters concerning the examination and evaluation of the current status on regulatory improvement by administrative agencies of various levels;
7. Other matters deemed necessary by the chairperson of the Committee for deliberation and coordination of the Committee.
(2) The Committee may present its opinions or, if necessary, make recommendations to a committee established pursuant to the relevant statutes to deliberate on matters concerning special regulatory treatment related to new technology services and goods. In such cases, such committee in receipt of a recommendation shall submit the result of handling the recommendations to the Committee. <Newly Inserted by Act No. 16322, Apr. 16, 2019>
<Newly Inserted by Act No. 16322, Apr. 16, 2019>
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 25 (Composition, etc.)
(1) The Committee shall be comprised of not less than 20, but not more than 25 members, including two chairpersons of the Committee.
(2) The Prime Minster and the person commissioned by the President, from among those who have extensive knowledge and experience, shall be the chairpersons of the Committee.
(3) The members of the Committee shall be those commissioned by the President, from among those who have extensive knowledge and experience, and public officials prescribed by Presidential Decree. In such cases, members who are not public officials shall comprise a majority of the total members of the Committee.
(4) The Committee shall have an executive secretary who is appointed by the chairperson who is not the Prime Minister, from among members who are not public officials.
(5) The term of office of members who are not public officials shall be two years, and they may be reappointed only once.
(6) If both chairpersons of the Committee are unable to perform their duties due to unavoidable circumstances, the member designated by the Prime Minister shall act on behalf of the chairpersons.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 26 (Quorum)
Meetings of the Committee shall adopt resolutions by the affirmative vote of a majority of all incumbent members.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 26-2 (Preparation and Disclosure of Minutes)
(1) The Committee shall prepare and keep minutes recording the date, time, venue, attendees, agenda, discussed particulars, and resolved matters of a meeting.
(2) Minutes shall be disclosed: Provided, That minutes need not be disclosed by a resolution passed by the Committee, where deemed necessary by the Chairperson of the Committee, due to protection of public interests or any other grounds.
[This Article Newly Inserted by Act No. 15609, Apr. 17, 2018]
 Article 27 (Guarantee of Status as Members)
No member shall be subject to dismissal or removal from his/her office against his/her own will, except any case under the following subparagraphs:
1. Where he/she is sentenced to imprisonment without labor or heavier punishment;
2. Where he/she is unable to carry out his/her duties due to long-term mental or physical breakdown.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 28 (Subcommittees)
(1) Subcommittees for each field may be established under the Committee for the efficient management of its affairs.
(2) That which has been deliberated upon and resolved by a subcommittee concerning matters delegated to the subcommittees by the Committee shall be deemed to have been deliberated upon and resolved by the Committee.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 29 (Expert Members, etc. of Committee)
The Committee may have expert members and researchers who take charge of professional investigation and research concerning its affairs.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 30 (Investigation, Hearing of Opinion, etc.)
(1) The Committee may take any of the following measures, if deemed necessary for carrying out its functions under Article 24:
1. Request for the explanation or presentation of data or documentation to the relevant administrative agency;
2. Request for the attendance and statements of opinion by interested parties, reference persons, or public officials concerned;
3. On-site investigation of relevant administrative agencies, etc.
(2) The head of a relevant administrative agency may require public officials under his/her control or relevant experts to attend the Committee and to state their opinions or submit necessary data, in respect of the examination, etc. of regulations.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 31 (Dealing with Affairs, etc. of Committee)
(1) A specialized secretariat shall be established under the Committee to deal with the Committee’s affairs.
(2) The Committee may designate a specialized research institution to support its specialized examination tasks.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 32 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Members, expert members, and researchers who are not public officials, among the members of the Committee, shall be deemed public officials in the application of penalty provisions under the Criminal Act and other statutes.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 33 (Organization and Management)
Except as otherwise in this Act, necessary matters for the organization, management, etc. of the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 34 (Inspection and Evaluation of Regulatory Improvement)
(1) The Committee shall verify and inspect the improvement and actual operational conditions of regulations of each administrative agency for the effective regulatory improvement.
(2) The Committee shall evaluate the findings of the verification and inspection under paragraph (1) and report thereon to the President and the State Council.
(3) The Committee may request relevant specialized institutions, etc. to conduct public opinion surveys for objectively carrying out the verification, inspection, and evaluation under paragraphs (1) and (2).
(4) If the Committee deems that regulatory improvement has been passive or not implemented appropriately as a result of its verification, inspection, and evaluation under paragraphs (1) and (2), it may suggest the necessary measures for the improvement thereof to the President.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 35 (White Paper on Regulatory Reform)
The Committee shall annually publish and announce a white paper regarding the status of major governmental regulatory reform issues to citizens.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 36 (Administrative Support, etc.)
The Minister of the Office for Government Policy Coordination shall study regulation-related systems and provide the necessary support for the management of the Committee. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
 Article 37 (Responsibilities of Public Officials)
(1) Public officials shall not be subject to any unfavorable disposition or unfair treatment for the consequences of regulatory improvement affairs which they have actively conducted without intention or gross negligence.
(2) The head of a central administrative agency shall award a prize or grant preferential treatment in personnel management to public officials who have made distinguished contributions to the promotion of regulatory improvement.
[This Article Wholly Amended by Act No. 9965, Jan. 25, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date determined by Presidential Decree within one-year period after the date of its promulgation.
Article 2 (Repeal of other Acts)
The Administrative Regulation and Management Act (Act No. 4735) is abolished.
Article 3 (Special Case for Independent Improvement of Existing Regulations as at Time This Act Enters into Force)
(1) The head of a central administrative agency shall draw up and implement a year-by-year plan for improvement of all regulations under his/her jurisdiction as at the time this Act enters into force by December 31 of the fifth year from the time this Act enters into force, as prescribed by Presidential Decree, and this shall take the place of independent improvement of existing regulations under Article 19.
(2) The head of a central administrative agency shall submit a year-by-year improvement plan and the results of implementation to the Committee under paragraph (1), as prescribed by Presidential Decree.
Article 4 (Re-examination of Directives and Public Notices)
(1) The head of a central administrative agency or the head of a local government shall re-examine within one year after this Act enters into force the regulations provided for in the directives, establishment rules, guidelines, and public notices that are being implemented to determine whether they are based on statutes or regulations, municipal ordinances or municipal rules, under Article 4.
(2) After re-examination under paragraph (1), the head of a central administrative agency or the head of a local government shall promptly abolish or prescribe the basis in relevant statutes or regulations, municipal ordinances or municipal rules for regulations provided in directives, established rules, guidelines, or public notices that are not based on statutes or regulations, municipal ordinances or municipal rules under Article 4.
Article 5 Omitted.
ADDENDA <Act No. 5529, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 7797, Dec. 29, 2005>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9532, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 9965, Jan. 25, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11935, Jul. 16, 2013>
This Act shall enter into force one month after the date of its promulgation.
ADDENDUM <Act No. 13329, May 18, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 15037, Nov. 28, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15609, Apr. 17, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16322, Apr. 16, 2019>
This Act shall enter into force three months after the date of its promulgation.