The purpose of this Act is to prescribe matters concerning the procedures for exercising the right to petition and handling of petitions under Article 26 of the Constitution of the Republic of Korea, thereby enabling citizens to exercise their right to petition more conveniently and petitions to be handled in a more objective and fair manner.
| Article 2 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, petitions shall be governed by this Act.
| Article 3 (Scope of Application) |
None of the provisions of Articles 8 through 10, 11 (2), 13 through 15, and 21 through 23 shall apply to the National Assembly and local councils.
| Article 4 (Petition-Accepting Institutions) |
Institutions to which citizens may submit petitions under this Act (hereinafter referred to as "petition-accepting institution") shall be as follows:
| 1. | The National Assembly, courts, the Constitutional Court, the National Election Commission, central administrative agencies (including institutions under the control of the President and those under the control of the Prime Minister) and institutions affiliated thereto; |
| 2. | Local governments and institutions affiliated thereto; |
| 3. | Corporations, organizations, institutions or individuals that have, or are delegated or entrusted with, administrative authority under statutes or regulations. |
| Article 5 (Matters Subject to Petition) |
A citizen may submit a petition for any of the following matters:
| 2. | Demand for correction of, or disciplinary action against, illegal or unjust acts committed by a public official; |
| 3. | Enactment, amendment, or repeal of any statute, order, municipal ordinance, rule, etc.; |
| 4. | Operation of public systems or facilities; |
| 5. | Other matters which fall under the authority of a petition-accepting institution. |
| Article 6 (Exceptions to Processing Petitions) |
Where a petition falls under any of the following subparagraphs, the head of a petition-accepting institution need not process the petition. In such cases, the grounds therefor shall be notified to the petitioner (referring to the representative in cases of a joint petition under Article 11 (3)): | 1. | Matters pertaining to national secrets or official secrets; |
| 2. | Matters for which there is pending any investigative, appeal, or remedial proceeding, such as audit, investigation, trial, administrative adjudication, mediation, and arbitration under other statutes or regulations; |
| 3. | Matters that make others subject to criminal or disciplinary action by falsehood; |
| 4. | Matters that degrade the reputation of State agencies, etc. by falsehood; |
| 5. | Where a petition is related to the relationship of rights between private persons or to the privacy of an individual; |
| 6. | Where the name, domicile, etc. of the petitioner or any detail of a petition is unclear. |
| Article 7 (Duties of Heads of Petition-Accepting Institutions) |
| (1) | The head of a petition-accepting institution shall manage this Act and align relevant statutes or regulations under his or her jurisdiction to ensure that citizens’ right to petition can be respected. |
| (2) | The head of a petition-accepting institution shall have appropriate departments and personnel dedicated to handling affairs related to matters subject to petition. |
| Article 8 (Petition Deliberative Councils) |
| (1) | The head of a petition-accepting institution shall establish and operate a petition deliberative council (hereinafter referred to as "petition deliberative council") to deliberate on the following matters: |
| 1. | Whether to disclose an open petition under Article 11 (2); |
| 2. | Matters concerning the processing of petitions, such as the results of examination of petitions; |
| 3. | Other matters regarding petitions. |
| (2) | Matters necessary for establishing and operating a petition deliberative council shall be prescribed by the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
| Article 9 (Petitioning Methods) |
| (1) | A petition shall be made in writing (including an electronic document under the Framework Act on Electronic Documents and Transactions), stating the name (in the case of a corporation, its name and its representative's name) and domicile or residence of the petitioner, along with his or her signature. |
| (2) | Any petition submitted in an electronic form pursuant to paragraph (1) (hereinafter referred to as "online petition") shall be submitted by electronic means with which the identity of the petitioner can be verified. In such cases, such means shall be deemed to be a substitute for the petitioner’s signature. |
| (3) | The electronic means with which the identity of the petitioner can be verified shall be prescribed by the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
| Article 10 (Online Petition Systems) |
| (1) | The Minister of the Interior and Safety shall establish and operate an information processing system (hereinafter referred to as "online petition system") so as to electronically manage petitions submitted in writing and efficiently accept and process petitions submitted in an electronic form. |
| (2) | The Supreme Court, the Constitutional Court, and the National Election Commission may establish and operate an online petition system, respectively. |
| (2) | Matters necessary for the organization, operation, etc. of an online petition system shall be prescribed by the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
| Article 11 (Submission of Written Petitions) |
| (1) | A petitioner shall submit a written petition to the petition-accepting institution in charge of the matters petitioned. |
| (2) | Where the matters petitioned fall under subparagraph 3 or 4 of Article 5, a petitioner may request the disclosure of the details, acceptance, and processing status and results of a petition on the online petition system (hereinafter referred to as "open petition"). In such cases, a written petition shall be indicated as an open petition. |
| (3) | Where multiple petitioners jointly file a petition (hereinafter referred to as "joint petition"), they shall select up to three representatives to be notified of the petition processing results, and indicate it in the written petition. |
| (4) | A written petition shall indicate the grounds for and purport of the petition and, if necessary, may be accompanied by reference materials. |
| Article 12 (Acceptance of Petitions) |
| (1) | The head of a petition-accepting institution shall without delay accept a written petition submitted pursuant to Article 11. |
| (2) | Matters necessary for accepting petitions under paragraph (1) shall be prescribed by the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
| Article 13 (Notification of Decisions on Whether to Disclose Open Petitions) |
| (1) | The head of a petition-accepting institution in receipt of an open petition shall decide whether to disclose the petition within 15 days of receiving the petition, subject to deliberation by the petition deliberative council, and shall notify the petitioner (referring to the representative in cases of a joint petition) of the results thereof. |
| (2) | The head of a petition-accepting institution shall hear the opinions of citizens on the matters petitioned, for 30 days from the date of the decision to disclose such petition. |
| (3) | Matters necessary for managing open petitions such as the methods of hearing opinions from citizens under paragraph (2) and the criteria for determining whether to disclose an open petition shall be prescribed by the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
| Article 14 (Notification and Disclosure of Acceptance and Processing Status) |
| (1) | The head of a petition-accepting institution shall notify the petitioner (referring to the representative in cases of a joint petition) of the acceptance and processing status of the petition. In cases of an open petition, its acceptance and processing status shall be disclosed on the online petition system. |
| (2) | Matters necessary for notification and disclosure under paragraph (1) shall be prescribed by the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
| Article 15 (Requests for Supplementation of Written Petitions and Transfer Thereof) |
| (1) | Where the head of a petition-accepting institution finds that a written petition lacks some details, he or she may require the petitioner (referring to the representative in cases of a joint petition) to supplement it, indicating the matters to be supplemented and the period for supplementation. |
| (2) | Where the matters petitioned fall under the jurisdiction of another institution, the head of a petition-accepting institution shall transfer the written petition to the competent institution without delay and notify the petitioner (referring to the representative in cases of a joint petition) of such fact. |
| (3) | Other matters necessary for the request for supplementation, transfer, etc. of a written petition shall be prescribed by the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. |
| Article 16 (Prohibition on Repetitive Petitioning and Double-Petitioning) |
| (1) | Where the same petitioner submits two or more written petitions of the same content to the same petition-accepting institution, the head of the petition-accepting institution may reject the petition submitted later or close it; and where the petition is closed, the head of the petition-accepting institution shall notify the petitioner thereof. |
| (2) | Where the same petitioner has submitted written petitions of the same content to two or more petition-accepting institutions, the head of a petition-accepting institution that has no jurisdiction over the matters petitioned shall transfer the petition to the head of the competent petition-accepting institution. In such cases, paragraph (1) shall apply mutatis mutandis to the processing of repetitive petitions. |
| (3) | In determining whether petitions (including repetitive petitions) under paragraphs (1) and (2) are of the same content, the head of the petition-accepting institution shall comprehensively take into account the nature of the relevant petition, similarity in substance to the previous petition, relationship to the previous petition, circumstances calling for the same answers as the previous petition, and other factors. |
| Article 17 (Withdrawal of Petitions) |
A petitioner may withdraw a petition before the processing of the relevant petition is completed.
| Article 18 (Investigations of Petitions) |
Upon receipt of a petition, the head of a petition-accepting institution shall faithfully and fairly investigate the matters petitioned without delay: Provided, That he or she may expeditiously process a petition without any investigation, if no separate investigation is necessary for the matters petitioned.
| Article 19 (Methods of Investigations) |
| (1) | The head of a petition-accepting institution may take the following measures when conducting an investigation pursuant to Article 18. In such cases, travel expenses and allowances may be paid to a person who complies with a summons or makes a statement of opinions (excluding a petitioner) within the budget: |
| 1. | Requesting explanation or submission of relevant data, etc. to the head of a relevant agency, etc.; |
| 2. | Summoning or requesting a statement of opinions of employees of a relevant agency, etc., petitioners, interested persons, or persons of reference; |
| 3. | Conducting an on-site investigation of the places, facilities, etc. deemed to be related to the matters investigated; |
| 4. | Requests for appraisal of documents, data, etc. deemed to be related to the matters investigated. |
| (2) | The head of a relevant agency, etc. shall faithfully comply and cooperate with requests from or investigations by a petition-accepting institution under paragraph (1). |
| Article 20 (Cooperation among Relevant Agencies and Departments) |
| (1) | Where the cooperation of relevant agencies or departments is necessary in processing a petition, the head of a petition-accepting institution in receipt of a petition shall request such cooperation within a specified reply period not exceeding the petition processing period, and the agencies or departments in receipt of such request shall provide a reply within the specified period. |
| (2) | Where there is a special circumstance that prevents a relevant agency or department in receipt of a request for cooperation from processing the matters for which cooperation is requested under paragraph (1), the agency or department may extend the reply period only once in consultation with the head of the petition-accepting institution, within the scope of the processing period provided in Article 21. |
| (3) | Where a relevant agency or department in receipt of a request for cooperation intends to extend the reply period under paragraph (2), it shall notify the head of a petition-accepting institution which requested the cooperation of the grounds for extension, the progress, and the scheduled reply date, etc. before the reply period under paragraph (1) expires. |
| Article 21 (Processing of Petitions) |
| (1) | The head of a petition-accepting institution shall process a petition, subject to deliberation by the petition deliberative council: Provided, That deliberation may be omitted on matters not requiring deliberation by the petition deliberative council. |
| (2) | When the head of a petition-accepting institution accepts a petition, he or she shall notify the petitioner (referring to the representative in cases of a joint petition) of the results of the processing thereof within 90 days (excluding the period for determining whether to disclose an open petition under Article 13 (1) and the period for hearing opinions of citizens under paragraph (2) of that Article), unless there is a compelling reason not to do so. In such cases, the results of processing an open petition shall be disclosed on the online petition system. |
| (3) | When it is impracticable to process a petition within the processing period prescribed in paragraph (2) due to unavoidable reasons, the head of a petition-accepting institution may extend the processing period only once by up to 60 days. In such cases, the grounds for extension and the expected processing period shall be notified without delay to the petitioner (referring to the representative in cases of a joint petition). |
| (4) | Matters not requiring deliberation by a petition deliberative council under the proviso of paragraph (1) and matters necessary for methods of notifying the processing results, etc. under paragraph (2) shall be prescribed by the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. |
| Article 22 (Raising Objections) |
| (1) | In any of the following cases, a petitioner may file an objection in writing with the head of a petition-accepting institution within 30 days from the date on which he or she is notified of the decision that his or her petition is unfit for disclosure or within 30 days after the processing period under Article 21 elapses: |
| 1. | Where a petitioner raises an objection against a decision made by the head of a petition-accepting institution regarding a petition being unfit for disclosure; |
| 2. | Where the head of a petition-accepting institution fails to process the petition within the processing period under Article 21. |
| (2) | The head of a petition-accepting institution shall decide whether to uphold an objection within 15 days from the date of receipt of the objection, and notify the petitioner (referring to the representative in cases of a joint petition) of the results thereof without delay. |
| (3) | Matters necessary for procedures and methods for filing an objection under paragraph (1) shall be prescribed by the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree. |
| Article 23 (General Supervision and Control of Petition System) |
| (1) | The Minister of the Interior and Safety shall endeavor to promote petitions. |
| (2) | For the efficient operation of the petition system, the Minister of the Interior and Safety may verify, check, and guide matters concerning the overall operation of the petition system and disclose the results thereof. |
| (3) | A court, the Constitutional Court, and the National Election Commission may verify, check, and guide matters concerning the operation of a petition system on their own. |
| Article 24 (Follow-up Management of Petitions) |
The head of a petition-accepting institution may survey the level of satisfaction of petitioners, matters requiring improvement, etc., and may reflect the results of such survey in its affairs.
| Article 25 (Prohibition on Plotting To Do Harm) |
No one may file a petition with the intention to harm another person by alleging falsehood.
| Article 26 (Prohibition on Discrimination) |
No one shall discriminate against a petitioner or force him or her to suffer any disadvantage for filing a petition.
| Article 27 (Penalty Provisions) |
A person who violates Article 25 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
ADDENDA <Act No. 17701, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 8 (1) 1, 9 (2) and (3), 10, 11 (2), 13, and 14 (limited to the parts regarding open petitions) and the latter part of Article 21 (2) shall enter into force two years after the date of its promulgation. Article 2 (Applicability)
This Act shall begin to apply to a petition submitted after this Act enters into force.