CHAPTER I GENERAL PROVISIONS
SECTION 1 Purpose and Definitions
The purpose of this Act is to ensure democracy in and legality of administration and to enhance the appropriateness and efficiency thereof by prescribing principles and general matters regarding administration, thereby contributing to the protection of the rights and interests of citizens.
The terms used in this Act are defined as follows:
| 1. | The term "statutes or regulations, etc." means the following: |
| (a) | Statutes or regulations: Any of the following: |
| (i) | Statutes, Presidential Decrees, Ordinances of the Prime Minister, and Ordinances of Ministries; |
| (ii) | National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, and Board of Audit and Inspection Regulations; |
| (iii) | Directives and administrative rules, public notices, etc. prescribed by the heads of central administrative agencies (referring to central administrative agencies established under the Government Organization Act and other statutes; hereinafter the same shall apply) as mandated under subitems (i) and (ii); |
| (b) | Municipal ordinances and rules: Ordinances and rules of a local government; |
| 2. | The term "administrative authority" means any of following persons: |
| (a) | Any agency of the State or a local government that is authorized to make and issue administrative decisions; |
| (b) | Public organizations, their organs, as well as private persons, who have or are delegated or entrusted with the authority to make and issue administrative decisions under other statutes or regulations, etc.; |
| 3. | "Party" means a person on whom a disposition is imposed; |
| 4. | The term "disposition" means an exercise of public power, the refusal of such exercise, or any other equivalent administrative action, which is the execution of laws by administrative authorities with respect to specific facts; |
| 5. | The term "sanction" means a disposition that imposes obligations on a party or restricts his or her rights or interests on the grounds of a breach of obligations or failure to fulfill obligations prescribed in statutes or regulations, etc.: Provided, That herefrom is administrative compulsion under the subparagraphs of Article 30 (1). |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall be responsible for conducting fair and reasonable administration according to due process so as to improve the quality of life for citizens. |
| (2) | The State and local governments shall be responsible for continuously improving statutes or regulations, etc. and systems in order to enhance the efficiency and effectiveness of administration. |
| Article 4 (Implementation of Proactive Administration) |
| (1) | Administration shall be proactively conducted for the public interest. |
| (2) | The State and local governments shall create all the conditions to enable public officials under their jurisdiction to proactively perform their duties for the public interest, and shall promote policies and measures related thereto. |
| (3) | Specific details of policies for proactively implementing administration and facilitating active administration under paragraphs (1) and (2) and the like shall be prescribed by Presidential Decree. |
| Article 5 (Relationship to Other Statutes) |
| (1) | Except as otherwise provided in other statutes, this Act shall apply to administration. |
| (2) | In enacting or amending other statutes on administration, efforts shall be made to comply with the purpose, principles, standards, and purport of this Act. |
SECTION 2 Calculation of Period
| Article 6 (Calculation of Period for Administration) |
| (1) | Except as otherwise provided in this Act, or any other statutes, or regulations, etc., the Civil Act shall apply mutatis mutandis to the calculation of period for administration. |
| (2) | Where any statute or regulation, etc. or disposition restricts the rights and interests of citizens or imposes obligations on citizens, the period during which the rights and interests are restricted or the obligations continue to exist shall be calculated based on the following standards: Provided, That the same shall not apply where compliance with the following standards would be disadvantageous to citizens: |
| 1. | Where the period is set to days, weeks, months, or years, the first day of such period shall be included in the calculation of the period for administration; |
| 2. | Even where the last day of the period is a Saturday or a public holiday, such period shall expire on that day. |
| Article 7 (Calculation of Period of Time from Enforcement Dates of Statutes or Regulations) |
The following standards shall apply to the determination or calculation of the enforcement dates of statutes or regulations, etc. (including directives, established rules, public notices, guidelines, and the like; hereafter in this Article the same shall apply):
| 1. | Where any statute or regulation, etc. enters into force on the date of its promulgation, the date of its promulgation shall be the enforcement date; |
| 2. | Where any statute or regulation, etc. enters into force after the lapse of a certain period of time from the date of its promulgation, the date on which the statute or regulation, etc. is promulgated shall not be counted as the first day of such period; |
| 3. | Where any statute or regulation, etc. enters into force after the lapse of a certain period of time from the date of its promulgation, if the last day of such period is a Saturday or a public holiday, the period shall expire on the last day. |
CHAPTER II LEGAL PRINCIPLES OF ADMINISTRATION
| Article 8 (Principle of Rule of Law in Administration) |
Any administrative action shall not contravene a statute, and if it restricts the rights of citizens, imposes obligations on citizens, or has material impacts on the life of citizens, it shall have a statutory basis.
| Article 9 (Principle of Equality) |
Administrative authorities shall not discriminate against citizens without reasonable grounds.
| Article 10 (Principle of Proportionality) |
Any administrative action shall comply with the following principles:
| 1. | It shall be effective and appropriate to achieve administrative purposes; |
| 2. | It shall be taken to the minimum extent necessary to achieve administrative purposes; |
| 3. | The infringement of citizens' interest due to an administrative action shall not be greater than the public interest it intends to uphold. |
| Article 11 (Duty of Good Faith and Principles of Prohibition of Abuse of Authority) |
| (1) | Each administrative authority shall perform its duties in good faith under statutes or regulations, etc. |
| (2) | No administrative authority shall abuse its administrative authority or exceed the scope of its authority. |
| Article 12 (Principle of Protection of Trust) |
| (1) | An administrative agency shall protect a citizen’s legitimate and reasonable trust in administration, except where the public interest or a third party’s interest is likely to be significantly undermined. |
| (2) | An administrative authority shall not exercise an authority if citizens have good cause to believe that the authority would not be exercised since the administrative agency has not exercised the authority for a long time despite opportunity to do so: Provided, That the same shall not apply where public interest or a third party’s interest is likely to be significantly undermined. |
| Article 13 (Principle of Substantial Relations Between the Ends and the Means) |
In taking an administrative action, an administrative authority shall not impose on a party obligations unrelated in effect to the administrative action.
CHAPTER III ADMINISTRATIVE ACTION
| Article 14 (Standards for Application of Law) |
| (1) | Except as otherwise provided in statutes or regulations, etc., a new statue or regulation, etc. shall not apply to facts or legal relationships that have been completed or terminated before the statute or regulation, etc. enters into force. |
| (2) | A disposition made at the request of a party shall comply with the statutes or regulations, etc. as at the time the disposition is imposed, except as otherwise provided in statutes or regulations, etc. or except where there are special circumstances that make it impracticable to apply statues or regulations, etc. as at the time the disposition is imposed. |
| (3) | With respect to the establishment of an act violating a statute or regulation, etc. and sanctions for such act, the statutes or regulations, etc. as at the time such act is performed shall apply except as otherwise provided in statutes or regulations, etc.: Provided, That if the act ceases to be a violation under statutes or regulations, etc. due to an amendment thereof after such act is committed or if the standards for sanctions become lenient, the amended statutes or regulations, etc. shall apply except as otherwise provided in the relevant statutes or regulations, etc. |
| Article 15 (Effects of Dispositions) |
A disposition shall remain effective until a competent authority revokes or withdraws the disposition or until said disposition ceases to exist after the lapse of a certain period of time or the like: Provided, That an invalid disposition shall never take effect.
| Article 16 (Grounds for Disqualification) |
| (1) | The grounds on which qualification, status, etc., shall not be granted or obtained or the grounds (hereafter in this Article referred to as "grounds for disqualification") on which a person must not conduct operations, business, etc. that require authorization, permission, designation, approval, registration, acceptance of reports, or the like (hereinafter referred to as "authorization or permission") shall be prescribed by statutes. |
| (2) | The following standards shall apply when providing for grounds for disqualification: |
| 1. | There shall be clear necessity for such provisions; |
| 2. | The provisions shall consist only of minimum necessary items; |
| 3. | The grounds for disqualifications shall have de facto relationship to qualifications, status, business or operations, etc. subject to the provisions; |
| 4. | The grounds for disqualifications shall strike a balance with other systems similar thereto. |
| Article 17 (Subordinate Clauses) |
| (1) | An administrative authority may attach subordinate clauses (referring to conditions, deadlines, encumbrances, reservation of the rights to withdrawal, etc.; hereafter in this Article the same shall apply) where it has discretion in imposing a disposition. |
| (2) | Where it has no discretion in imposing a disposition, an administrative authority may attach subordinate clauses if there are grounds in statutes. |
| (3) | If a disposition to which subordinate clauses may be attached falls under any of the following subparagraphs, an administrative authority may attach new subordinate clauses or amend existing subordinate clauses even after the disposition is imposed: |
| 1. | Where there are grounds in statutes; |
| 2. | Where the party consents; |
| 3. | Where the purpose of the disposition is deemed unattainable unless new subordinate clauses are attached or previous additional clauses are amended, due to changes in circumstances. |
| (4) | Subordinate clauses shall meet the following requirements: |
| 1. | They shall not be contrary to the purpose of the disposition; |
| 2. | They shall be related in effect to the disposition; |
| 3. | They shall be prescribed to a minimum extent necessary to attain the purpose of the disposition. |
| Article 18 (Revocation of Illegal or Unjust Dispositions) |
| (1) | An administrative authority may retroactively revoke all or part of an illegal or unjust disposition: Provided, That it may prospectively revoke such disposition if there is good cause, such as that a party’s trust has a value that deserves protection. |
| (2) | Where an administrative authority intends to revoke a disposition that grants rights or benefits to a party under paragraph (1), it shall compare the disadvantages to the party resulting from the revocation and the public interest attained by the revocation, taking into account the balance of hardships between them: Provided, That the same shall not apply in any of the following cases: |
| 1. | Where the disposition has been obtained by fraud or other improper means; |
| 2. | The party was aware of the illegality or, due to gross negligence, was not aware of it. |
| Article 19 (Withdrawal of Legitimate Dispositions) |
| (1) | Where a legitimate disposition falls under any of the following, an administrative authority may prospectively withdraw all or part of the disposition: |
| 1. | Where it is subject to any of the grounds for withdrawal set forth in statutes; |
| 2. | Where it is no longer necessary to uphold a disposition due to an amendment to a statute or regulation, etc. or changes in circumstances; |
| 3. | Where revocation is necessary for material public interest. |
| (2) | Where an administrative authority intends to withdraw a disposition under paragraph (1), it shall compare the disadvantages to the party resulting from the withdrawal and the public interest attained by the withdrawal, taking into account the balance of hardships between them. |
| Article 20 (Automatic Dispositions) |
An administrative authority may impose a disposition using a fully-automated system (including systems in which artificial intelligence technologies are employed): Provided, That the same shall not apply to dispositions imposed at its discretion.
| Article 21 (Standards for Exercising Discretion) |
In imposing a disposition in its discretion, an administrative authority shall duly balance relevant interests, and shall not exceed the scope of its discretionary authority.
| Article 22 (Standards for Sanctions) |
| (1) | Statutes that form the basis for sanctions shall clearly state the competent authority of, reasons for, and the types and upper limits of sanctions. In such cases, the specificity of the relevant violation, equity with similar violations, and the like shall be comprehensively taken into account when determining the types and upper limits of sanctions. |
| (2) | In imposing sanctions in its discretion, an administrative authority shall take into account the following: |
| 1. | Motives, purposes, and methods of a violation; |
| 2. | Results of a violation; |
| 4. | Other matters prescribed by Presidential Decree as equivalent to those falling under subparagraphs 1 through 3. |
[Enforcement Date: Sep. 24, 2021] Article 22
| Article 23 (Limitation Period for Sanctions) |
| (1) | An administrative authority may not impose a sanction (referring to suspension, revocation, or withdrawal of authorization or permission; cancellation of registration; or imposition of penalty surcharges in lieu of closure of a business office or suspension of business; hereafter in this Article the same shall apply) for a violation after five years from when the violation of a statute or regulation, etc. ceases to occur. |
| (2) | Paragraph (1) shall not apply to any of the following circumstances: |
| 1. | Where the party has obtained authorization or permission or filed a report by fraud or other improper means; |
| 2. | Where the party was aware of the illegality in obtaining authorization or permission or filing a report or, due to gross negligence, was not aware of it; |
| 3. | Where the limitation period expires due to evasion, obstruction, or refusal of an administrative authority’s investigation, entry, or inspection without good cause; |
| 4. | Where a failure to impose a sanction causes or is likely to cause serious harm to the safety or life of citizens or to the environment. |
| (3) | Notwithstanding paragraph (1), where a sanction is revoked or withdrawn on the grounds of a ruling on administrative appeal or a court ruling, an administrative authority may impose a new sanction in line with the purport of such ruling until one year (in the case of a collegiate administrative agency, two years) elapses from the date the ruling becomes final and conclusive. |
| (4) | Where other statutes provides for any shorter or longer period than those referred to paragraphs (1) and (3), such statutes shall apply. |
[Enforcement Date: Mar. 24, 2023] Article 23
SECTION 2 Deemed Authorization or Permission
| Article 24 (Standards for Deemed Authorization or Permission) |
| (1) | The term "deemed authorization or permission" in this Section means that a person who has obtained an authorization or permission (hereinafter referred to as "primary authorization or permission") shall be deemed to have obtained various other authorization or permission related thereto (hereinafter referred to as "relevant authorization or permission"), as prescribed by statutes. |
| (2) | Where a person intends to obtain deemed authorization or permission, he or she shall also submit documents necessary for obtaining the relevant authorization or permission when applying for the primary authorization or permission: Provided, That if it is impossible to submit the documents simultaneously due to any unavoidable cause, the documents may be submitted not later than the deadline separately prescribed by the administrative authority authorized to grant the primary authorization or permission. |
| (3) | The administrative authority authorized to grant the primary authorization or permission shall consult with the relevant authorizing or permitting administrative authority before granting the primary authorization or permission. |
| (4) | Upon receipt of a request for consultation under paragraph (3), the relevant authorizing or permitting administrative authority shall submit its opinion within 20 days from the date of receipt of such request (excluding the period required for the procedures prescribed in the proviso of paragraph (5)). In such cases, consultations shall be deemed held if no opinion on consultations is submitted within the period prescribed in the former part (referring to the extended period if the period for submitting an opinion is extended in accordance with the statutes or regulations governing processing of civil petitions). |
| (5) | Upon receipt of a request for consultation under paragraph (3), no relevant authorizing or permitting administrative authority shall respond to such request for consultation in violation of the relevant statutes or regulations: Provided, That the procedures necessary for related authorization or permission, such as deliberation and hearing of opinions, shall be conducted only when it is expressly prescribed by statute that the relevant procedures are required even in the case of a deemed authorization or permission. |
[Enforcement Date: Mar. 24, 2023] Article 24
| Article 25 (Effect of Deemed Authorization or Permission) |
| (1) | Matters consulted on pursuant to Article 24 (3) and (4) shall be deemed to have obtained relevant authorization or permission when the primary authorization or permission has been obtained. |
| (2) | The effects of deemed authorization or permission shall be limited to the relevant authorization or permission set forth in the statutes governing the primary authorization or permission. |
[Enforcement Date: Mar. 24, 2023] Article 25
| Article 26 (Follow-Up Management of Deemed Authorization or Permission) |
| (1) | In the case of a deemed authorization or permission, the relevant authorizing or permitting administrative authority shall be deemed to have granted the relevant authorization or permission directly and shall take necessary measures, such as management and supervision, pursuant to relevant statutes or regulations. |
| (2) | Where a change in a primary authorization or permission is made after granting such authorization or permission Articles 24 and 25 and paragraph (1) of this Article shall apply mutatis mutandis. |
| (3) | Except as provided in this Section, methods of deemed authorization or permission and other necessary details shall be prescribed by Presidential Decree. |
[Enforcement Date: Mar. 24, 2023] Article 26
SECTION 3 Contracts under Public Law
| Article 27 (Conclusion of Contracts under Public Law) |
| (1) | Where it is necessary to achieve administrative purposes to the extent not violating statutes or regulations, etc., administrative authorities may enter into a contract concerning legal relations under public law (hereinafter referred to as "contract under public law"). In such cases, a contract shall be prepared, clearly stating the purpose and details of the contract. |
| (2) | In selecting the other party to a contract under public law and stipulating the contract, the administrative authority shall take into consideration the public interest of a contract under public law and the interests of any third party. |
SECTION 4 Penalty Surcharges
| Article 28 (Standards for Imposing Penalty Surcharges) |
| (1) | An administrative agency may impose a penalty surcharge on a person who violates his or her obligation under statutes or regulations, etc., as a disciplinary measure for such violation, as prescribed by statutes. |
| (2) | The following matters regarding penalty surcharges shall be clearly prescribed in statutes that form the basis of penalty surcharges: |
| 1. | Persons imposing and collecting charges; |
| 2. | Grounds for imposition; |
| 4. | In cases of collecting additional charges, matters relevant thereto; |
| 5. | Where default may result in compulsory collection of a penalty surcharge or additional charge, matters relevant thereto. |
| Article 29 (Extensions of Payment Deadline for Penalty Surcharges and Payment by Installment) |
Penalty surcharges shall be paid in a lump sum, in principle: Provided, That where an administrative authority deems that a person on whom a penalty surcharge is imposed has difficulty in paying the penalty surcharge in a lump sum for any of the following reasons, it may extend the payment deadline or allow him or her to pay the penalty surcharge in installments. In such cases, it may require him or her to provide security, if deemed necessary:
| 1. | Where the person has sustained a substantial loss to his or her property due to a disaster, etc.; |
| 2. | Where the person’s business is in a serious crisis due to a deterioration in business conditions; |
| 3. | Where a lump sum payment of the penalty surcharge is likely to result in considerable financial hardship; |
| 4. | If there exists any other reason equivalent to those specified in subparagraphs 1 through 3, as prescribed by Presidential Decree. |
[Enforcement Date: Sep. 24, 2021] Article 29
SECTION 5 Administrative Compulsion
| Article 30 (Administrative Compulsion) |
| (1) | Where necessary to achieve administrative purposes, an administrative authority may take any of the following measures to the minimum extent necessary, as prescribed by statutes: |
| 1. | Administrative vicarious execution: Where an obligor fails to perform his or her administrative obligations (referring to obligations that are directly imposed under statutes or regulations, etc. or imposed by an administrative authority under statutes or regulations, etc.; hereafter in this Section the same shall apply) performable by another person, if it is impracticable to secure performance by other means prescribed by statutes and leaving the obligations unperformed is deemed to seriously undermine the public interest, the administrative authority may directly perform the obligations or require another person to perform the obligations, and collect the expenses from the obligor. |
| 2. | Imposition of charges for compelling compliance: Where an obligor fails to perform his or her administrative obligations, an administrative authority may give an appropriate period for performance and where the obligor fails to perform his or her administrative obligations by the deadline, monetary payment obligations may be imposed. |
| 3. | Direct compulsion: Where an obligor fails to perform his or her administrative obligations, an administrative authority may use force upon the obligor or the property of obligor, thereby achieving the same state as if the administrative obligations had been performed; |
| 4. | Compulsory collection: Where an obligor fails to perform the monetary payment obligations out of his or her administrative obligations, the administrative authority may use force upon the property of the obligor, thereby achieving the same state as if the administrative obligations had been performed; |
| 5. | Immediate compulsion: Where it is necessary to eliminate administrative difficulties, an administrative authority may immediately use force upon a citizen or the property of a citizen to attain administrative purposes in any of the following cases: |
| (a) | Where an administrative authority has no time to order the performance of administrative obligations in advance; |
| (b) | Where it is impracticable to attain the administrative purposes solely by ordering the fulfillment of the administrative obligations in light of their nature; |
| (2) | Except as provided in this Act, matters necessary for administrative compulsory measures shall be separately prescribed by other statutes. |
| (3) | This Section shall not apply either to matters implemented under statues or regulations on criminal affairs, criminal administration, and preventive orders or to matters pertaining to entry into and departure from the country, refugee recognition, naturalization, and reinstatement of nationality of aliens. |
[Enforcement Date: Mar. 24, 2023] Article 30
| Article 31 (Imposition of Charges for Compelling Compliance) |
| (1) | The following matters regarding charges for compelling compliance shall be clearly prescribed in statutes that form the basis for imposing charges for compelling compliance: Provided, That excluded herefrom are cases where the legislative purpose or legislative intent is deemed highly likely to be impaired by stipulating matters stated in subparagraph 4 or 5, as prescribed by Presidential Decree. |
| 1. | Persons imposing and collecting charges; |
| 2. | Requirements for imposition; |
| 4. | Standards for calculation of the amount to be imposed; |
| 5. | Number of impositions per year, or the upper limits thereof. |
| (2) | An administrative authority may increase or reduce the amount of a charge for compelling compliance in consideration of the following: |
| 1. | The motives, purposes, and results of the non-performance of the obligations; |
| 2. | The degree and recidivism of the non-performance of any obligation; |
| 3. | Other grounds deemed necessary to achieve administrative purposes. |
| (3) | An administrative authority shall issue a written warning to an obligor for a specified appropriate period, to the effect that a charge for compelling compliance will be imposed if the obligor fails to perform administrative obligations by a set deadline, in advance of imposition of the charge. |
| (4) | Where an obligor fails to perform his or her administrative obligations by the deadline set forth in the warning under paragraph (3), the administrative authority shall clearly notify the obligor of the amount of, grounds for, and timing of, imposition of the charges for compelling compliance in writing. |
| (5) | An administrative authority may repeatedly impose charges for compelling compliance until an obligor performs his or her administrative obligations: Provided, That, when an obligor performs his or her obligations, a new imposition of charges for compelling compliance shall be immediately suspended, but the charges for compelling compliance already imposed shall be collected. |
| (6) | If a person on whom a charge for compelling compliance has been imposed fails to pay it by the payment deadline, the administrative authority shall collect the charge in the same manner as delinquent national taxes, or pursuant to the Act on the Collection, etc. of Local Administrative Penalty Charges. |
[Enforcement Date: Mar. 24, 2023] Article 31
| Article 32 (Direct Compulsion) |
| (1) | Direct compulsion shall be enforced where it is impracticable to secure the performance of an administrative obligation or where it is impossible to realize such obligationby means of administrative vicarious execution or the imposition of a charge for compelling compliance. |
| (2) | A person in charge of enforcement who is dispatched to the scene to enforce direct compulsion shall present a certificate indicating that he or she is in charge of enforcement. |
| (3) | Article 31 (3) and (4) shall apply mutatis mutandis to warnings and notices of direct compulsion. |
[Enforcement Date: Mar. 24, 2023] Article 32
| Article 33 (Immediate Compulsion) |
| (1) | Immediate compulsion shall be permitted only if no other means can achieve administrative purposes, and even in such cases, it shall be executed only to the minimum extent. |
| (2) | A person in charge of enforcement who is dispatched to the scene to enforce an immediate compulsion shall present a certificate indicating that he or she is in charge of enforcement, and provide notice on the grounds and details of the immediate compulsion. |
[Enforcement Date: Mar. 24, 2023] Article 33
SECTION 6 Other Administrative Actions
| Article 34 (Effects of Reports Depending on Acceptance) |
In the case of a report that requires notification of specified matters to an administrative agency as prescribed by a statute or regulation, etc., if a statute expressly provides that such report requires acceptance (excluding cases where acceptance is provided as an internal affairs process of an administrative agency), such report shall take effect only upon the acceptance thereof by the administrative authority.
[Enforcement Date: Mar. 24, 2023] Article 34
| Article 35 (Fees and Usage Fees) |
| (1) | An administrative authority may collect fees from a person who receives administrative services for a certain person, as prescribed by statutes or regulations. |
| (2) | With respect to taking advantage of, or using public facilities, property, etc., an administrative authority may collect usage fees according to the amount or standards disclosed in advance. |
| (3) | Notwithstanding paragraphs (1) and (2), the Local Autonomy Act shall apply to local governments. |
SECTION 7 Raising Objections to Disposition and Reexamination
| Article 36 (Raising Objections to Disposition) |
| (1) | Any party who has an objection to a disposition imposed by an administrative authority (referring to a disposition subject to administrative appeal under the Administrative Appeals Act pursuant to Article 3 of the same Act; hereafter in this Article the same shall apply) may raise an objection with the relevant administrative agency within 30 days from the date he or she receives such disposition. |
| (2) | Where an administrative authority receives an objection under paragraph (1), it shall notify the person who has raised the objection of the results thereof within 14 days from the date it receives the objection: Provided, That if it is impossible to give notice within 14 days due to any unavoidable cause, the period may be extended once by up to 10 days, being counted from the day following the expiration date, and the objector shall be provided notice on the ground for such extension. |
| (4) | A person who intends to file an administrative appeal or administrative litigation after receiving the results of an objection may do so within 90 days from the date of receiving the notice of the results (referring to the date following the expiration of the notification period under paragraph (2), if there is no notice of the results within the notification period under the same paragraph). |
| (5) | Even where other statutes set forth procedures for raising objections and other procedures equivalent thereto, matters that are not set forth in those statutes shall be governed by this Article. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the methods and procedures for raising objections and the like shall be prescribed by Presidential Decree. |
| (7) | This Article shall not apply to any of the following cases: |
| 1. | Matters regarding dispositions such as a disciplinary action under statutes or regulations on the personnel management of public officials; |
| 4. | Matters implemented in accordance with statutes and regulations on criminal affairs, criminal administration, or preventive orders; |
| 5. | Matters regarding entry into and departure from the country, refugee recognition, naturalization, and reinstatement of nationality of aliens; |
| 6. | Matters regarding the imposition and collection of administrative fines. |
[Enforcement Date: Mar. 24, 2023] Article 36
| Article 37 (Re-Examination of Dispositions) |
| (1) | Even where a disposition (excluding sanctions and administrative compulsion; hereafter in this Article the same shall apply) has become uncontestable through administrative appeal, administrative litigation, or any other litigation (excluding cases where a court rendered a final decision), a party may file an application with the administrative authority that has imposed the disposition to revoke, withdraw, or amend the disposition, in any of the following cases: |
| 1. | Where the facts or legal relations that form the basis of the disposition change to the advantage of the party; |
| 2. | Where there is new evidence that would have brought a decision more favorable to the party; |
| (2) | An application under paragraph (1) may be filed only when the party has failed to argue the grounds referred to in the subparagraphs of paragraph (1) in the proceedings of the disposition, administrative appeal, administrative litigation, or any other litigation without gross negligence on his or her part. |
| (3) | An application under paragraph (1) shall be filed within 60 days from the date the party has become aware of the grounds referred to in the subparagraphs of paragraph (1): Provided, That no application may be filed later than five years after the date of disposition. |
| (4) | An administrative authority upon receipt of an application under paragraph (1) shall notify the applicant of the results of re-examination of the disposition (including whether re-examination has been conducted as well as decisions to uphold, revoke, withdraw, or amend the disposition, or the like) within 90 days (180 days in the case of a collegiate administrative agency) after the receipt of the application, in the absence of special circumstances to the contrary: Provided, That if such notice cannot be made within 90 days (180 days in the case of a collegiate administrative agency) due to any unavoidable cause, the period may be extended once by up to 90 days (180 days in the case of a collegiate administrative agency), being counted from the day following the expiration date, and the grounds for extension shall be notified to the applicant. |
| (5) | A decision to uphold a disposition out of the results of re-examination of dispositions under paragraph (4) may not be appealed through administrative appeal, administrative litigation, or any other means of litigation. |
| (6) | No revocation under Article 18 and withdrawal under Article 19 by an administrative authority shall be affected by re-examination of a disposition. |
| (7) | Except as provided in paragraphs (1) through (6), matters regarding methods and procedures for re-examination of dispositions and the like shall be prescribed by Presidential Decree. |
| (8) | This Article shall not apply to any of the following cases: |
| 1. | Matters regarding dispositions such as a disciplinary action under statutes or regulations on the personnel management of public officials; |
| 3. | Matters implemented in accordance with statutes and regulations on criminal affairs, criminal administration, or preventive orders; |
| 4. | Matters regarding entry into and departure from the country, refugee recognition, naturalization, and reinstatement of nationality of aliens; |
| 5. | Matters regarding the imposition and collection of administrative fines. |
| 6. | Where the application is exempted by an individual statute. |
[Enforcement Date: Mar. 24, 2023] Article 37
CHAPTER IV LEGISLATIVE ACTIVITIES OF ADMINISTRATION
| Article 38 (Legislative Activities of Administration) |
| (1) | When the State or a local government intends to enact, amend, or abolish a statute or regulation, etc. or to perform activities related thereto (including the submission of a legislative bill to the National Assembly and the submission of a draft ordinance to a local council; hereafter in this Chapter referred to as "legislative activities of administration"), it shall not contravene the Constitution and other higher-level statutes or regulations, and shall comply with the procedures prescribed by the Constitution and other statutes or regulations, etc. |
| (2) | Legislative activities of administration shall be conducted in accordance with the following standards: |
| 1. | They shall be responsibly conducted after gathering opinions of the general public and interested persons and having a full consultation with relevant agencies; |
| 2. | Details and provisions of statutes or regulations, etc. shall be in harmony with other statutes or regulations, etc., and shall not overlap or conflict with any other statutes or regulations, etc.; |
| 3. | Statutes or regulations, etc. shall be made readily understandable so that the general public can easily and clearly understand the details thereof. |
| (3) | The Government shall formulate a legislative plan for bills (hereinafter referred to as "legislative plan of the Government") to be promoted in the relevant year on an annual basis. |
| (4) | Matters necessary for the procedures for legislative activities of administration and the formulation of the legislative plan of the Government shall be prescribed by Presidential Decree governing the legislative affairs of the Government. |
[Enforcement Date: Sep. 24, 2021] Article 38
| Article 39 (Improvement of Administrative Legislation) |
| (1) | In cases prescribed by Presidential Decree, such as where it is obvious that a statute or regulation contravenes the Constitution or other statutes according to a decision by a competent authority, the Government shall improve the relevant statute or regulation. |
| (2) | If necessary, among other things, to improve the legal system in the field of administration and to establish standards for consistent application of law, the Government may take improvement measures through consultation with relevant agencies and collection of opinions from relevant experts, as prescribed by Presidential Decree, and it may analyze current statutes or regulations to this end. |
[Enforcement Date: Sep. 24, 2021] Article 39
| Article 40 (Interpretation of Statutes or Regulations) |
| (1) | Anyone who has questions about the details of a statute or regulation, etc. may request the head of a central administrative agency having jurisdiction over the statute or regulation, etc. (hereinafter referred to as "competent agency") or the head of a local government having jurisdiction over municipal ordinances and rules to issue an interpretation of the statute or regulation. |
| (2) | The head of a competent agency and the head of a local government having jurisdiction over municipal ordinances and rules shall be responsible for interpreting and executing respective statutes or regulations, etc. under his or her jurisdiction in compliance with the Constitution and the purport of the relevant statutes or regulations, etc. |
| (3) | A person who has an objection to a competent agency or its interpretation of a statute or regulation may request an agency specializing in interpreting statutes or regulations to make an interpretation of a statute or regulation, as prescribed by Presidential Decree. |
| (4) | Matters necessary for the procedures for interpreting statutes or regulations shall be prescribed by Presidential Decree. |
[Enforcement Date: Sep. 24, 2021] Article 40
ADDENDA <No. 17979, 23. Mar, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 22, 29, and 38 through 40 shall enter into force six months after the date of its promulgation, and Articles 23 through 26, 30 through 34, 36, and 37 shall enter into force two years after the date of its promulgation. Article 2 (Applicability to Amendments to Statutes or Regulations on Sanctions)
Proviso of Article 14 (3) shall begin to apply to cases where statutes or regulations, etc. on sanctions are amended after this Act enters into force. Article 3 (Applicability to Limitation Period for Sanctions)
Article 23 shall begin to apply to violations occurring after the enforcement date under the proviso of Article 1 of the Addenda. Article 4 (Applicability concerning Contracts under Public Law)
Article 27 shall begin to apply to the contracts concluded after this Act enters into force. Article 5 (Applicability to Administrative Compulsory Measures)
| (1) | Article 31 shall begin to apply to cases where charges for compelling compliance are imposed after the enforcement date under the proviso of Article 1 of the Addenda. |
| (2) | Articles 32 and 33 shall begin to apply to cases where direct compulsion or immediate compulsion is enforced after the enforcement date under the proviso of Article 1 of the Addenda. |
Article 6 (Applicability to Raising Objections to Dispositions)
Article 36 shall begin to apply to dispositions imposed after the enforcement date under the proviso of Article 1 of the Addenda. Article 7 (Applicability to Re-Examination of Dispositions)
Article 37 shall begin to apply to dispositions imposed after the enforcement date under the proviso of Article 1 of the Addenda.
※ 이 영문법령은 법제처에서 제공하고 있으며, 한국법령의 이해를 높이기 위한 참고자료로써, 어떠한 법적 효력이나 공식적 효력도 없습니다.
※ The Ministry of Government Legislation provides English translation of this Act as a reference to enhance understanding of Korean law, and this Act translated is not legally binding and officially effective.