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ACT ON THE MANAGEMENT AND PROVISION OF LEGAL INFORMATION

Act No. 17468, jun. 9, 2020

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters concerning the collection, management and provision of legal information so as to facilitate the use of legal information by the people through providing legal information in a prompt, accurate, and efficient way and to protect the rights and interests of the people, as well as to contribute to the development of the rule of law.
 Article 2 (Definitions)
The definitions of terms used in this Act are as follows:
1. The term “legal information” means statutes and regulations, etc., and statutes and regulations-related information: Provided, That information falling under any of the subparagraphs of Article 9 (1) of the Official Information Disclosure Act shall be excluded herefrom;
2. The term “statutes and regulations, etc.” means any of the following:
(a) The Constitution of the Republic of Korea (hereinafter referred to as the “Constitution”), statutes and regulations (referring to statutes, Presidential Decrees, Ordinance of the Prime Minister, and Ordinance of the Ministry; hereinafter the same shall apply), and treaties (referring to treaties duly concluded and promulgated under the Constitution; hereinafter the same shall apply);
(b) National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, and National Election Commission Regulations;
(c) Administrative rules, such as directives, established rules, and public notifications, issued by central administrative agencies (referring to central administrative agencies established in accordance with the Government Organization Act and other statutes; hereinafter the same shall apply);
(d) Self-governing rules issued by local governments, such as municipal ordinances and municipal rules;
(e) Information prescribed by Presidential Decree, including regulations established by the heads of public institutions under Article 2 of the Act on the Management of Public Institutions upon delegation by statutes and regulations;
3. The term “statutes and regulations-related information” means information falling under any of the following:
(a) Examples of decisions by the Constitutional Court, examples of adjudications on administrative appeals, and examples of statutory interpretation by the Ministry of Government Legislation, which are provided by the heads of the agencies that produce and manage such information;
(b) Draft legislations pre-announced under Article 41 (1) of the Administrative Procedures Act, regulatory impact analyses under Article 7 (1) of the Framework Act on Administrative Regulations, written estimations for expenses under Article 79-2 (3) of the National Assembly Act, and other information prescribed by Presidential Decree, which are provided by the heads of the agencies that produce and manage such information;
(c) The Ministry of Government Legislation’s opinions on adjustment of self-governing rules and examples of opinions on self-governing rules presented by the Ministry of Government Legislation at the request of local governments;
4. The term “legal information production agency” means any of the central administrative agencies, local governments, and other public institutions prescribed by Presidential Decree.
 Article 3 (Responsibilities of the State and Local Governments)
(1) The State and local governments shall endeavor to provide legal information produced by their agencies to citizens in a prompt and accurate way.
(2) The State and local governments shall prepare an efficient means for collecting, managing and providing legal information so that citizens do not experience inconvenience or discrimination in using legal information.
(3) The State and local governments shall cooperate with each other to systematically manage and provide various legal information so that citizens can conveniently access legal information.
 Article 4 (Plan for Collecting, Managing and Providing Legal Information)
(1) The Minister of Government Legislation shall formulate a master plan for collecting, managing and providing legal information (hereinafter referred to as “master plan”), every three years, to collect, manage, and provide legal information in a comprehensive and systematic way.
(2) The master plan shall include the following:
1. Basic directions and goals of the policy for collecting, managing, and providing legal information;
2. System for collecting and managing legal information;
3. Methods for collecting, managing, and providing legal information;
4. Other matters necessary for collecting, managing, and providing legal information in a systematic and efficient way.
(3) The Minister of Government Legislation may modify the master plan if it is deemed necessary to change the policy for collecting, managing, and providing legal information due to changes in social and economic conditions.
(4) In order to implement the master plan, the Minister of Government Legislation may formulate an annual implementation plan for collecting, managing, and providing legal information (hereinafter referred to as “implementation plan”).
(5) In order to formulate a master plan and an implementation plan, the Minister of Government Legislation shall consult in advance with the head of a legal information production agency. The same shall also apply to any modifications in the master plan.
(6) When formulating, modifying and implementing a master plan or formulating and implementing an implementation plan, the Minister of Government Legislation may request the head of a legal information production agency to submit necessary data or to provide necessary cooperation.
(7) When formulating a master plan and an implementation plan, the Minister of Government Legislation shall notify the head of a legal information production agency thereof. The same shall also apply to any modifications in the master plan.
(8) Except as provided in paragraphs (1) through (7), matters necessary for formulating, modifying, and implementing master plans and formulating and implementing implementation plans shall be prescribed by Presidential Decree.
 Article 5 (Collection of Legal Information)
(1) In order to provide legal information in an integrated manner, the Minister of Government Legislation shall collect legal information according to the following:
1. Collecting information from the Official Gazette;
2. Jointly utilizing legal information by linking the legal information system under Article 8 (1) with the information system of a legal information production agency;
3. Other manners prescribed by Presidential Decree.
(2) The head of a legal information production agency shall directly register the legal information prescribed by Presidential Decree, falling under any of the following subparagraphs, in the legal information system under Article 8 (1) or in the information system designated by the Minister of Government Legislation:
1. Legal information that it is impracticable for the Minister of Government Legislation to collect in the manner described in any of the subparagraphs of paragraph (1);
2. Legal information for which accuracy is not secured when collected in the manner described in any of the subparagraphs of paragraph (1).
(3) The Minister of Government Legislation may, if necessary, request the head of a legal information production agency to submit the legal information under his or her control. In such cases, the head of the legal information production agency shall submit the legal information so requested without delay, unless there is a compelling reason not to do so.
(4) Except as provided in paragraphs (1) through (3), matters necessary for collecting, registering, or submitting legal information shall be prescribed by Presidential Decree.
 Article 6 (Management and Provision of Legal Information)
(1) The Minister of Government Legislation shall consolidate and manage the legal information collected pursuant to Article 5, and provide it to citizens in an efficient manner.
(2) The head of a legal information production agency may provide the legal information under his or her control to citizens either in the manner determined by the agency itself or in the manner that jointly utilizes the legal information managed and provided by the Minister of Government Legislation under paragraph (1).
 Article 7 (Consultative Body for Collection, Management and Provision of Legal Information)
(1) The Minister of Government Legislation may operate a consultative body that consists of legal information production agencies and their personnel in charge when cooperation and coordination are necessary for the efficient collection, management and provision of legal information.
(2) Matters necessary for the organization and operation of the consultative body under paragraph (1) shall be prescribed by Presidential Decree.
 Article 8 (Building and Operation of Legal Information System)
(1) The Minister of Government Legislation shall build and operate an information system that electronically manages and provides the following legal information after coordinating such information (hereinafter referred to as “legal information system”) so that citizens can conveniently search and use the legal information they want to obtain:
1. Constitution, statutes and regulations, and treaties in force;
2. Legislative history of the Constitution, statutes and regulations, and treaties that reflects modifications to the Constitution, statutes and regulations, and treaties each time they are enacted, amended or repealed;
3. Other legal information prescribed by Presidential Decree.
(2) The Minister of Government Legislation shall link and provide legal information having mutual relevance in content through the legal information system so that citizens can easily understand and utilize the legal information.
(3) The Minister of Government Legislation may collect opinions from citizens through the legal information system about improvements in statutes and regulations, etc. that are unreasonable or impose burdens on daily life, corporate activities or business operations.
(4) The Minister of Government Legislation shall take necessary measures to ensure the safety and reliability of the legal information system.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the building and operation of the legal information system shall be prescribed by Presidential Decree.
 Article 9 (Promoting Reclassification, Processing, and Utilization of Legal Information)
(1) The Minister of Government Legislation may build and operate an information system to reclassify legal information by subject or by consumer so that citizens can readily search and understand legal information necessary for real life,, and to process and provide the contents of legal information in an easy-to-understand manner.
(2) The Minister of Government Legislation may provide legal information or necessary technical support to a person who is engaged in creating and providing new information, such as processing legal information using various methods.
(3) The Minister of Government Legislation may conduct necessary projects to promote the provision and utilization of legal information as well as those provided for in paragraphs (1) and (2).
 Article 10 (Compilation, Publication and Dissemination of Collections of Current Statutes and Regulations)
(1) The Minister of Government Legislation shall publish and disseminate collections of statutes and regulations containing the Constitution, statutes and regulations in force as at the time of compilation and the amendments thereto (hereinafter referred to as “collections of current statutes and regulations”): Provided, That when there are extenuating circumstances, such as enacting or revising statutes and regulations on a large scale at once due to the reorganization, etc. of the Government, the scope of statutes and regulations to be contained and the timing of their inclusion may be adjusted.
(2) Except as provided in paragraph (1), matters necessary for the publication and disseminate of the collections of current statutes and regulations shall be prescribed by Presidential Decree.
 Article 11 (Designation of Publisher)
(1) In order to manage and provide legal information efficiently and systematically, the Minister of Government Legislation may designate an entity (hereinafter referred to as “publisher”) that will publish and disseminate the collections of current statutes and regulations on his or her behalf.
(2) An entity that may be designated as a publisher pursuant to paragraph (1) shall be a non-profit corporation, established with permission from the Minister of Government Legislation, whose business purpose is to provide and manage legal information, and meeting the requirements prescribed by Presidential Decree.
(3) If an entity designated as a publisher pursuant to paragraph (1) ceases to meet the designation requirements under paragraph (2), the Minister of Government Legislation may order a correction, fixing a period of up to two months, and if the entity designated as the publisher fails to comply with the order for correction at least three times a year, he or she may revoke the designation.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the designation of a publisher and the revocation of designation, such as designation standards, shall be prescribed by Presidential Decree.
 Article 12 (Entrustment of Affairs)
(1) The Minister of Government Legislation may designate an entity to be entrusted with the following affairs (hereafter referred to as “trustee” in this Article) in order to efficiently and systematically manage and provide legal information:
1. Collection of legal information under Article 5 (1) and management and provision of legal information under Article 6 (1);
2. Building and operation of a legal information system pursuant to Article 8 (1);
3. Building and operation of an information system to reclassify, process, and provide legal information under Article 9 (1);
4. Other projects prescribed by Presidential Decree to promote the dissemination and utilization of legal information.
(2) An entity that may be designated as a trustee pursuant to paragraph (1) shall be a non-profit corporation, established with permission from the Minister of Government Legislation, whose business purpose is to provide and manage legal information, and meeting the requirements prescribed by Presidential Decree.
(3) Except as provided in paragraphs (1) and (2), matters necessary for designation of a trustee, such as entrustment procedures, shall be prescribed by Presidential Decree.
 Article 13 (Reimbursement of Expenses)
The Minister of Government Legislation may, within the budgetary limits, reimburse an entity that performs affairs by proxy, or is entrusted with work, pursuant to Article 11 or 12, for all or some of the expenses incurred by the entity in performing such work, if necessary to facilitate the performance of such affairs.
ADDENDA <Act No. 17468, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Publisher of Collections of Current Statutes and Regulations)
An entity that is engaged in publishing and disseminating the collections of current statutes and regulations based on the Minister of Government Legislation’s designation as at the time this Act enters into force shall be deemed designated as a publisher pursuant to this Act.