CHAPTER I GENERAL PROVISIONS
SECTION 1 Purpose, Definitions, and Scope of Application
The purpose of this Act is to ensure fairness, transparency, and credibility in administrative operations and to protect the rights and interests of citizens, by providing for common matters regarding administrative procedures and thereby allowing citizens’ better access to administrative procedure.
[This Article Wholly Amended on Oct. 22, 2012]
Terms used in this Act are defined as follows:
| 1. | The term "administrative authority" means the following: |
| (a) | An agency of the State or a local government that makes administrative decisions and declares the intention; |
| (b) | Any other public organization or its agency or private individual with administrative authority vested, delegated, or entrusted under statutes and regulations or municipal ordinances and rules (hereinafter referred to as "statutes and regulations, etc."); |
| 2. | The term "disposition" means the exercise or denial of the public authority or any other corresponding administrative action in the application of laws to a particular fact by an administrative authority; |
| 3. | The term "administrative guidance" means an administrative action, such as guidance, recommendation, advice by an administrative agency to encourage or discourage a particular person regarding performance of certain acts, within the scope of duties or affairs under its jurisdiction in order to realize specific administrative objectives; |
| 4. | The term "party, etc." means each of the following: |
| (a) | A direct counter-party to a disposition rendered by an administrative authority; |
| (b) | An interested party requested to participate in an administrative procedure by an administrative authority ex officio or upon application; |
| 5. | The term "hearing" means the procedure under which an administrative authority directly hears the opinions of a party, etc. and examines evidence before issuing a disposition; |
| 6. | The term "public hearing" means the procedure under which an administrative authority extensively collects opinions regarding administrative actions through open discussions from parties, etc., persons with expert knowledge and experience, and the general public; |
| 7. | The term "submission of opinions" means the procedure under which parties, etc. present their opinions before an administrative authority takes any administrative action, which does not constitute a hearing or public hearing; |
| 8. | The term "electronic document" means information generated, sent, received or stored in electronic form through information processing systems, including computers; |
| 9. | The term "information and communications network" means an information and communications system which collects, processes, stores, searches, transmits, or receive information by utilizing telecommunications facilities and equipment, or utilizing telecommunications facilities and equipment as well as computers and computer-based technology. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 3 (Scope of Application) |
| (1) | The procedures for dispositions, reports, affirmation, publication of the facts of violations, etc., administrative plans, administrative advance notice of proposed rulemaking, administrative announcement, and administrative guidance (hereinafter referred to as "administrative procedures") shall be governed by this Act, except as otherwise provided in other statutes. <Amended on Jan. 11, 2022> |
| (2) | This Act shall not apply to any of the following: |
| 1. | Matters implemented by resolution or with the assent or approval of the National Assembly or the council of a local government; |
| 2. | Matters implemented based on judgments of courts or courts-martial or in execution thereof; |
| 3. | Matters implemented through an adjudication of by the Constitutional Court; |
| 4. | Matters implemented through a resolution by the election commissions at all levels; |
| 5. | Matters implemented by the Board of Audit and Inspection following a decision of the Council of Commissioners; |
| 6. | Matters implemented in accordance with the statutes and regulations related to criminal and prison administration and security measures; |
| 7. | Matters concerning national security, national defense, diplomacy, or reunification, which might severely harm important national interests if they go through administrative procedures; |
| 8. | Matters relating to the procedures for requests for review, maritime safety inquiries, tax trials, patent trials, administrative appeals, and other appeals; |
| 9. | Matters specified by Presidential Decree as being impossible or deemed unnecessary to complete administrative procedures due to the nature of the relevant administrative actions or as having completed any procedures comparable to administrative procedures, such as conscription and call-ups under the Military Service Act; entry and exit of foreigners, recognition of refugee status, and naturalization; disciplinary actions and other dispositions under statutes and regulations related to public official service; and mediation, conciliation, arbitration, rulings, or other dispositions coordinating conflicts of interest under statutes and regulations. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 4 (Acting in Good Faith and Protection of Trust) |
| (1) | Every administrative authority shall act in good faith in the performance of its duties. |
| (2) | Where the interpretation of statutes and regulations, etc. by an administrative authority or any of their customary practices is generally accepted by citizens, the administrative authority shall not retroactively apply any new interpretation or customary practice unfavorable to citizens, unless the existing interpretation or customary practice is feared to significantly prejudice the public good or legitimate interests of any third party. |
[This Article Wholly Amended on Oct. 22, 2012]
| (1) | Administrative action performed by administrative authorities shall be concrete and clear in contents thereof. |
| (2) | If the contents of statutes and regulations, etc. serving as the legal basis of the administrative actions are not clear, the other parties may request the relevant administrative authorities to interpret them, and the relevant administrative authorities shall comply with such request, unless there is a compelling reason not to do so. |
| (3) | Administrative authorities shall fully provide the other parties to administrative actions with relevant information. |
[This Article Wholly Amended on Dec. 10, 2019]
| Article 5-2 (Innovation in Administrative Affairs) |
| (1) | Administrative authorities shall endeavor to ensure that all citizens can enjoy equal and high-quality administrative services. |
| (2) | Administrative authorities shall endeavor to actively innovate administrative procedures by utilizing information and communications technologies. In such cases, administrative authorities shall prevent citizens from suffering disadvantages due to their economic, social, regional, and other conditions. |
| (3) | Administrative authorities shall endeavor to utilize data they create, acquire, and manage (referring to any typical or atypical information created or processed via devices with information-processing capabilities in a machine-readable form) in the administrative process. |
| (4) | Administrative authorities shall prepare measures for providing administrative, financial, and technical support necessary to promote innovation in administrative affairs. |
[This Article Newly Inserted on Jan. 11, 2022]
SECTION 2 Jurisdiction of and Cooperation among Administrative Authorities
| (1) | Where an administrative authority receives any case that is beyond its jurisdiction directly or by transfer from another agency, it shall without delay transfer such case to the competent administrative authority and give notice thereof to the applicant. The same shall also apply where the jurisdiction over such case is changed after the case is received by or transferred to an administrative authority. |
| (2) | Where jurisdiction of administrative authorities is not clear, the jurisdiction shall be decided by a superior administrative authority commonly supervising the administrative authorities, and, in the absence of such superior administrative authority, through consultation between each superior administrative authority governing those administrative authorities. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 7 (Cooperation among Administrative Authority) |
| (1) | Administrative authorities shall cooperate with one another to ensure smooth execution of administrative tasks. |
| (2) | Administrative authorities shall, if necessary, actively engage in administrative cooperation (referring to the establishment of common goals with other administrative authorities, interlinking functions of administrative authorities, or the joint use of facilities, equipment, information, etc.; hereinafter the same shall apply) to achieve greater efficiency in administrative affairs and to increase the citizens’ satisfaction with administrative services. |
| (3) | Administrative authorities shall formulate policies to facilitate administrative cooperation and prepare measures to provide administrative and financial support necessary for the implementation thereof. |
| (4) | Matters necessary for the facilitation of administrative cooperation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 11, 2022]
| Article 8 (Administrative Assistance) |
| (1) | In any of the following cases, an administrative authority may request another administrative authority to provide administrative assistance: |
| 1. | Where the unassisted execution of its duties is difficult because of statutes and regulations, etc.; |
| 2. | Where the unassisted execution of its duties is difficult because of practical causes such as shortage of personnel and equipment; |
| 3. | Where cooperation of a specialized organization affiliated with other administrative authority is necessary; |
| 4. | Where documents (including electronic documents; hereinafter the same shall apply), statistics, and other administrative data managed by other administrative authority are necessary for the execution of its duties; |
| 5. | Where the execution of its duties with the assistance of other administrative authority is deemed more efficient and economical. |
| (2) | Any administrative authority requested to provide administrative assistance under paragraph (1) may deny the request in any of the following cases: |
| 1. | Where there is any obvious reason to believe that it is more efficient or economical to provide such assistance by another administrative authority other than the requested administrative authority; |
| 2. | Where there is any obvious reason to believe that such administrative assistance may significantly impede the execution of its proper duties. |
| (3) | Any request for administrative assistance shall be filed with an administrative authority with capabilities to directly assist the relevant duties. |
| (4) | Where an administrative authority requested to provide administrative assistance denies such request, it shall notify the administrative authority that has filed such request of the reasons therefor. |
| (5) | Staff dispatched for the purpose of administrative assistance shall be under the direction and supervision of the administrative authority that has requested such assistance: Provided, That matters pertaining to the duties of such staff shall be governed by the special provisions of other statutes and regulations, etc., if such provisions exist therein. |
| (6) | Expenses incurred in administrative assistance shall be borne by the administrative authority requesting such assistance and the amount and payment method of the expenses shall be determined through consultation between the administrative authority requesting the assistance and the administrative authority providing the assistance. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 9 (Qualifications for Parties) |
Any of the following persons may become a party, etc. in an administrative procedure:
| 2. | A legal person, or an association or foundation that is not a legal person (hereinafter referred to as "legal person, etc."); |
| 3. | A person who is qualified a subject of rights and obligations pursuant to other statutes and regulations, etc. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 10 (Succession to Status) |
| (1) | Any heir due to the death of a party, etc. or any person succeeding to the rights or interests of a party, etc. pursuant to other statutes and regulations, etc. shall succeed to the status of such party, etc. |
| (2) | Where a legal person, etc. that is a party, etc. is merged, the legal person, etc. surviving or newly established after the merger shall succeed to the status of such party, etc. |
| (3) | A person who has succeeded to the status of a party, etc. under paragraphs (1) and (2) shall notify the competent administrative authority of such fact. |
| (4) | A de facto transferee of the rights or interests under a disposition may succeed to the status of the party, etc. with the approval of the competent administrative authority. |
| (5) | Any notification by an administrative authority to the deceased or the predecessor legal person, etc. of the merger given before notification under paragraph (3) shall also have effect on a person succeeding to the status of a party, etc. under paragraph (1) or (2). |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 11 (Representatives) |
| (1) | Where two or more parties, etc. jointly perform acts relating to administrative procedures, the parties, etc. may appoint their representatives. |
| (2) | Where parties, etc. have no representative under paragraph (1) or there is a risk of delay in administrative procedures because they have too many representatives, the competent administrative authority may request the parties, etc. to appoint a maximum of three representatives, explaining the situation, within a reasonable period. In such cases, if the parties, etc. fail to comply with such request, the administrative authority may, at its discretion, appoint the representatives. |
| (3) | Parties, etc. may change their representatives or remove them from the office. |
| (4) | Representatives may perform all acts relating to administrative procedures for and on behalf of the parties, etc. who have appointed them as representatives: Provided, That they shall obtain the consent of the parties, etc. for concluding the administrative procedures. |
| (5) | Where parties, etc. have their representatives, they may perform acts relating to administrative procedures only by and through the representatives. |
| (6) | Where there are two or more representatives, the acts of administrative authorities towards one of the representatives shall be effective on all the parties, etc.: Provided, That notification of an administrative authority shall be effective only if given to all of the representatives. |
[This Article Wholly Amended on Oct. 22, 2012]
| (1) | Each party, etc. may designate as his or her agent any of the following persons: |
| 1. | The spouse, a lineal ascendant or descendant, or sibling of the party, etc.; |
| 2. | An executive or employee of the party, etc. where it is a legal person, etc.; |
| 4. | A person who has obtained permission from an administrative authority or, in the case of a hearing, from the presiding officer thereof; |
| 5. | A person to be eligible as an agent for matters pertaining to the relevant case under statutes and regulations, etc. |
| (2) | Article 11 (3), (4) and (6) shall apply mutatis mutandis to agents. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 13 (Notification of Representatives or Agents) |
| (1) | Where parties, etc. have appointed or designated any of their representatives or agents, they shall notify, without delay, the competent administrative authority thereof. The same shall also apply where they have replaced any of their representatives or agents or removed any of them from office. |
| (2) | Notwithstanding paragraph (1), where the presiding officer of a hearing has permitted the designation of an agent pursuant to Article 12 (1) 4, he or she shall notify the competent administrative authority thereof. <Newly Inserted on Jan. 28, 2014> |
[This Article Wholly Amended on Oct. 22, 2012]
SECTION 4 Service and Special Cases for Period and Time Limit
| (1) | Service shall be made by means of mail, delivery, information and communications networks, etc. and to the domicile, residence, place of business, office, or electronic mail address (hereinafter referred to as "domicile, etc.") of a person entitled to receive service (including his or her representative or agent; hereinafter the same shall apply): Provided, That service may be made at a place of meeting with the recipient of the service, if he or she consents thereto. |
| (2) | Service by delivery shall be completed by delivering the document in exchange of a written receipt of acceptance from the recipient of the service and, if the person to receive service is not present where the service is to be made, the document may be delivered to his or her office worker, employee, or cohabitant with the mental capability to make a reasonable judgment (hereafter in this Article referred to as “office worker, etc.”): Provided, That when the person to be served with the document or his or her office worker, etc. refuses to receive service without good cause, the document may be left where service is to be made after stating such fact on the written receipt of acceptance. <Amended on Jan. 28, 2014> |
| (3) | Service by means of information and communications networks shall be made only where the person to receive service gives consent thereto. In such cases, the person to receive service shall designate the electronic mail address, etc. to which service is to be made. |
| (4) | In any of the following cases, public announcement shall be made in at least one of the means such as the Official Gazette announcements, public gazette announcements, bulletin board postings, and daily newspaper announcements as well as the Internet websites postings, so that the person to receive service may readily be informed: |
| 1. | Where the domicile, etc. of the person to receive service is unascertainable by ordinary methods; |
| 2. | Where service is impossible. |
| (5) | When public announcement is made pursuant to paragraph (4), the personal information of a person who is to receive service, such as sensitive information and personally identifiable information, shall be protected in accordance with the Personal Information Protection Act. <Newly Inserted on Jan. 11, 2022> |
| (6) | Administrative authorities shall preserve records verifying the names of documents to be served, the full names or titles of service recipients, the methods of service, and the dates on which service was made. <Amended on Jan. 11, 2022> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 15 (Effectuation of Service) |
| (1) | Service shall take effect upon arrival of the relevant document to the person to receive the service, except as otherwise provided in other statutes and regulations, etc. |
| (2) | The service of an electronic document by means of information and communications networks pursuant to Article 14 (3) shall be deemed to reach the person to be served when the electronic document is entered into a computer, etc. designated by the person to receive the service. |
| (3) | In cases falling under Article 14 (4), except as otherwise provided in other statutes and regulations, etc., service shall take effect on the date that is 14 days after the date of the public announcement: Provided, That this shall apply where a different effective date thereof is determined and publicly notified due to a compelling reason mandating the immediate enforcement thereof. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 16 (Special Cases for Period and Time Limit) |
| (1) | Where it is impossible to abide by a period or time limit due to acts of God or any other cause which is not attributable to parties, etc., the progression of the period shall be suspended until the day such cause ceases to exist. |
| (2) | The periods and time limits applicable for persons residing or sojourning in foreign countries shall be determined by administrative authorities in consideration of the number of days for postal service delivery or communications to reach. |
[This Article Wholly Amended on Oct. 22, 2012]
SECTION 1 Common Provisions
| Article 17 (Applications for Dispositions) |
| (1) | Any application for disposition to an administrative authority shall be filed in writing: Provided, That this shall not apply where otherwise provided in other statutes and regulations, etc. and where the administrative authority has in advance determined and publicly announced any other method. |
| (2) | Where an application for disposition under paragraph (1) is filed in the form of an electronic document, the application shall be deemed to have been filed when the electronic document is entered into computers, etc. of the administrative authority. |
| (3) | Each administrative authority shall post a notice (including any notice via the Internet, etc.) of the required documents, the receiving agency, the processing period, and other matters necessary for filing an application, or furnish the relevant manual to make it available to the general public. |
| (4) | Where an administrative authority receives an application, it shall not withhold or refuse the acceptance thereof or unjustly return such application, except as otherwise provided in other statutes and regulations, etc. and shall issue a receipt thereof to the applicant where it accepts the application: Provided, That the administrative authority may omit the issuance of such receipt in cases prescribed by Presidential Decree. |
| (5) | Where an administrative authority finds a defect in any application, such as incomplete documentation, the administrative authority shall request the applicant, without delay, to make necessary supplements, specifying a reasonable period therefor. |
| (6) | Where an applicant fails to make necessary supplements within the period provided under paragraph (5), the administrative authority may return the received application, specifying the reasons thereof. |
| (7) | For the convenience of applicants, an administrative authority may have other administrative authorities receive applications on its behalf. In such cases, the administrative authority shall determine and publicly announce in advance the type of applications that may be received by other administrative authorities. |
| (8) | An applicant may supplement, modify, or withdraw his or her application before a disposition is rendered with respect to the application: Provided, That this shall not apply where otherwise provided in other statutes and regulations, etc. or where the nature of the application does not allow the supplement, modification, or withdrawal thereof. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 18 (Dispositions Involving Multi-Administrative Agency) |
Where an administrative authority receives an application seeking a disposition involving multi-administrative authorities, it shall promptly cooperate with the relevant administrative authorities to ensure that the disposition is not unduly delayed.
[This Article Wholly Amended on Oct. 22, 2012]
| Article 19 (Establishment and Publication of Processing Periods) |
| (1) | For the convenience of applicants, administrative authorities shall determine in advance and publish the processing period of dispositions by type. |
| (2) | Where it is difficult to process an application for disposition within a processing period as provided under paragraph (1) due to any unavoidable cause, the administrative authority may extend the period only once and within the span of the processing period for the disposition. |
| (3) | Where an administrative authority extends the processing period provided under paragraph (2), it shall notify without delay the applicant of the grounds for such extension and the expected deadline of processing. |
| (4) | Where an administrative authority fails to process an application within a due processing period, the applicant may request the relevant administrative authority or its supervisory administrative authority to promptly process his or her application. |
| (5) | The period not to be included in the processing period provided under paragraph (1) shall be determined by Presidential Decree. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 20 (Establishment and Publication of Disposition Standards) |
| (1) | Each administrative authority shall determine and publicly announce the public necessary disposition standards as concretely as possible in view of the nature of the relevant dispositions. The same shall also apply to any modification of the disposition standards. |
| (2) | The public availability of disposition standards under paragraph (1) may be omitted when such is impractical in light of the nature of the relevant dispositions or when it is reasonably deemed that the public availability might significantly undermine the safety and welfare of the general public. |
| (3) | Where the disposition standards publicly announced are unclear, parties, etc. may request the relevant administrative authority to give interpretation or explanation thereof. In such cases, the administrative authority shall comply with such request unless there is a compelling not to do. so |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 20 (Establishment and Publication of Disposition Standards) |
| (1) | Each administrative authority shall determine and publicly announce the public necessary disposition standards as concretely as possible in view of the nature of the relevant dispositions. The same shall also apply to any modification of the disposition standards. |
| (2) | In the case of deemed authorization or permission under Article 24 of the Framework Act on Administration, the relevant authorizing and permitting administrative authority shall submit the relevant authorization and permission disposition standards to the administrative authority authorized to grant the primary authorization or permission, and the administrative authority authorized to grant the primary authorization or permission shall integrate and publish the relevant authorization and permission disposition standards submitted. The same shall also apply where such standards are amended. <Newly Inserted on Jan. 11, 2022> |
| (3) | The disposition standards under paragraph (1) may not be published where it is impracticable to do so in light of the nature of the relevant dispositions or where it is reasonably deemed that the publication might significantly undermine the safety and welfare of the general public. <Amended on Jan. 11, 2022> |
| (4) | Where the disposition standards published are unclear, parties, etc. may request the relevant administrative authority to provide interpretation or explanation thereof. In such cases, the administrative authority shall comply with such request unless there is a compelling not to do so. <Amended on Jan. 11, 2022> |
[This Article Wholly Amended on Oct. 22, 2012]
[Enforcement Date: Mar. 24, 2023] Article 20 (2), 20 (3), and 20 (4)
| Article 21 (Prior Notice of Disposition) |
| (1) | Where an administrative authority renders a disposition that imposes duties on parties to the disposition or restricts their rights or interests, it shall notify such parties, etc. in advance the following: |
| 1. | The title of the disposition; |
| 2. | The full names or titles of the parties and their addresses; |
| 3. | The factual grounds for the disposition, and the contents of, and legal basis for, the disposition; |
| 4. | The meaning that the parties, etc. may submit their opinions on the matters specified in subparagraph 3, and the processing method where no opinions are submitted; |
| 5. | The name and address of the agency to which opinions may be submitted; |
| 6. | Deadline for submitting opinions; |
| 7. | Other necessary matters. |
| (2) | Where an administrative authority seeks to proceed with a hearing, it shall give the parties, etc. notice of the matters listed under paragraph (1) at least 10 days before the commencement of the hearing. In such cases, the matters specified in paragraph (1) 4 through 6 shall be substituted by those required for the hearing, such as the affiliations, official positions, and full name of the presiding officer, the date, time, and place of the hearing, and the processing method where the parties, etc. do not attend the hearing. |
| (3) | The deadline mentioned in paragraph (1) 6 shall be determined, considering at least 10 days as an adequate period necessary to submit opinions. <Amended on Dec. 10, 2019> |
| (4) | An administrative agency may omit the notice under paragraph (1) in any of the following cases: |
| 1. | Where an urgent disposition is necessary for the safety and welfare of the general public; |
| 2. | Where the non-existence or loss of qualifications required under statutes and regulation, etc., which shall be followed by a certain disposition, is objectively verified by a court judgment, etc.; |
| 3. | Where reasonable grounds exist to acknowledge that hearing of opinion is highly impractical or clearly unnecessary regarding the nature of the relevant disposition. |
| (5) | The details of the conditions under which prior notice may be omitted under paragraph (4), such as where the factual grounds for a disposition are objectively verified by the judgment of a court, shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 28, 2014> |
| (6) | Where prior notice is omitted under paragraph (4), an administrative authority shall inform the parties, etc. of the grounds for such omission: Provided, That if an urgent disposition is necessary, the grounds for omission may be informed after the disposition is rendered. <Newly Inserted on Dec. 30, 2014> |
| (7) | Article 24 shall apply mutatis mutandis where notice is given to the parties, etc. pursuant to paragraph (6). <Newly Inserted on Dec. 30, 2014> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 22 (Seeking Opinions) |
| (1) | In rendering a disposition, an administrative authority shall hold a hearing in any of the following cases: <Amended on Jan. 28, 2014; Jan. 11, 2022> |
| 1. | Where a hearing is required by any other statute, regulation, etc.; |
| 2. | Where deemed necessary by an administrative authority; |
| 3. | Where the following dispositions are rendered: |
| (a) | Revocation of authorization, permission, etc.; |
| (b) | Deprivation of status or disqualification; |
| (c) | Revocation of permission to incorporate a legal entity, partnership, etc. |
| (2) | In rendering a disposition, an administrative authority shall hold a public hearing in any of the following cases: <Amended on Dec. 10, 2019> |
| 1. | Where a public hearing is required by any other statute, regulation, etc.; |
| 2. | Where deemed necessary by an administrative authority to gather wide ranging opinions considering the extensive impact of the relevant disposition; |
| 3. | Where a public hearing is requested by parties, etc. whose number is not fewer than that prescribed by Presidential Decree, with respect to a disposition specified by Presidential Decree which has a great impact on people’s lives. |
| (3) | Where an administrative authority renders a disposition that imposes duties on parties or restricts their rights or interests, it shall give the parties, etc. an opportunity to submit their opinions, except in cases of paragraph (1) or (2). |
| (4) | Notwithstanding paragraphs (1) through (3), seeking opinions may be omitted in cases falling under any of the subparagraphs of Article 21 (4) or if the parties have clearly indicated their intent to renounce their right to state their opinions. |
| (5) | When a hearing, public hearing, or submission of opinions is complete, administrative authorities shall promptly render a disposition to ensure that the relevant disposition is not delayed. |
| (6) | Upon request by parties, etc. within one year after rendering a disposition, administrative authorities shall return documents and other materials received for the hearing, public hearing, or submission of opinions. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 23 (Presentation of Reasons for Dispositions) |
| (1) | In rendering dispositions, administrative authorities shall explain the basis and reasons for such dispositions to the parties except in any of the following cases: |
| 1. | Where a disposition fully accepts the contents of the application; |
| 2. | Where a disposition is so simple, repetitious or minor that the party can clearly understand the reasons; |
| 3. | Where a disposition is rendered to meet an urgent need. |
| (2) | In cases of paragraph (1) 2 and 3, administrative authorities shall, ex post facto, explain the basis and reasons for dispositions to the parties upon their request. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 24 (Methods of Dispositions) |
| (1) | An administrative authority shall render a disposition in writing, except as otherwise provided in other statutes or regulations, etc., and electronic documents may be used in any of the following cases: <Amended on Jan. 11, 2022> |
| 1. | Where a party, etc. give consent; |
| 2. | Where a party applies for a disposition by submitting an electronic document. |
| (2) | Notwithstanding paragraph (1), where any urgent disposition is required for public safety or welfare, or where matters are insignificant, a disposition may be rendered by means other than documents, such as oral explanations, telephone, mobile text message, facsimile, or e-mail. In such cases, if requested by a party, documents regarding such disposition shall be delivered without delay. <Newly Inserted on Jan. 11, 2022> |
| (3) | Any written notice of disposition shall state the name of the administrative authority rendering the disposition and the affiliation, full name, and contact information (referring to the telephone number, fax number, electronic mail address, etc.) of the person in charge. <Amended on Jan. 11, 2022> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 25 (Correction of Dispositions) |
Where any clerical error, miscalculation, or other conspicuous errors similar thereto exist in dispositions, the administrative authorities shall correct them ex officio or upon application, without delay, and notify the parties thereof.
[This Article Wholly Amended on Oct. 22, 2012]
In rendering dispositions, administrative authorities shall notify the parties of whether any administrative appeal, administrative litigation, or other remedial request may be filed, and the filing procedure and deadline of such filing, and other necessary matters.
[This Article Wholly Amended on Oct. 22, 2012]
SECTION 2 Submission of Opinions and Hearings
| Article 27 (Submission of Opinions) |
| (1) | Parties, etc. may submit their opinions regarding dispositions to the competent administrative authorities in writing, orally, or by means of information and communications networks, before such dispositions are rendered. |
| (2) | Where submitting opinions under paragraph (1), parties, etc. may attach evidentiary data, etc. supporting their arguments. |
| (3) | Where parties, etc. submit their opinions by oral statement, the administrative authorities shall record in writing the major points of the statement and the names of those who made the statement. |
| (4) | Where parties, etc. fail to submit their opinions within the deadline without good cause, they shall be deemed to have no opinions. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 27-2 (Reflection of Submitted Opinions) |
| (1) | In rendering a disposition, an administrative authority shall reflect opinions submitted by parties, etc. if deemed that they have reasonable grounds. <Amended on Dec. 10, 2019> |
| (2) | Where an administrative authority rendered a disposition without reflecting opinions submitted by the parties, etc., and if the parties, etc. have requested to explain the grounds therefor within 90 days from the date the parties, etc. became aware that the disposition was rendered, it shall inform the parties, etc. of the grounds in writing: Provided, That it may inform the parties, etc. of the grounds orally, via information and communications networks, or by any other means if they agree thereon. <Newly Inserted on Dec. 10, 2019> |
[This Article Wholly Amended on Oct. 22, 2012]
[Title Amended on Dec. 10, 2019]
| Article 28 (Presiding Officers of Hearings) |
| (1) | Administrative agencies shall fairly select the presiding officers of a hearing from among either their personnel or the persons holding qualifications prescribed by Presidential Decree. <Amended on Dec. 10, 2019> |
| (2) | Where an administrative authority intends to render any of the following dispositions, it may select at least two presiding officers of a hearing. In such cases, one of the presiding officers of the hearing shall represent the others: <Newly Inserted on Jan. 11, 2022> |
| 1. | Disposition that causes conflicts of interest among many people; |
| 2. | Disposition that causes inconvenience to or burden on many people; |
| 3. | Other dispositions for which an administrative authority deems it necessary to select at least two presiding officials of a hearing in order to ensure a more specialized and fair hearing. |
| (3) | An administrative authority shall give advance notice regarding materials necessary for a hearing to the presiding officers of the hearing at least seven days before the commencement of the hearing. <Newly Inserted on Jan. 28, 2014; Jan. 11, 2022> |
| (4) | The presiding officers of a hearing shall perform their duties independently and fairly, and shall not receive any unfavorable treatment in their status against their will by reason of performing such duties. <Amended on Jan. 28, 2014; Jan. 11, 2022> |
| (5) | The presiding officers of a hearing selected under paragraph (1) or (2) shall be deemed public officials for purposes of applying penalty provisions under the Criminal Act or any other statutes. <Amended on Jan. 28, 2014; Jan. 11, 2022> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the selection of the presiding officers of a hearing and others shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 11, 2022> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 29 Disqualification of, Challenge to, or Refrainment by, Presiding Officers) |
| (1) | No hearing shall be presided over by a presiding officer that falls under any of the following: <Amended on Dec. 10, 2019> |
| 1. | Where he or she is a party, etc. or is or was a relative with a concerned party, etc. within a degree of kinship falling under any of the subparagraphs of Article 777 of the Civil Act; |
| 2. | Where he or she has rendered a testimony or expert examination regarding the relevant disposition; |
| 3. | Where he or she is or was involved in the relevant disposition as the agent of a party, etc.; |
| 4. | Where he or she is or was directly engaged in the affairs of the relevant disposition; |
| 5. | Where he or she works at the department in charge of handling the affairs of the relevant disposition. In such cases, the detailed scope of such department shall be prescribed by Presidential Decree. |
| (2) | Where the presiding officer of a hearing has any ground to undermine the fair progression of the hearing, the party, etc. may file an application to challenge the presiding officer with the competent administrative authority. In such cases, the administrative authority shall suspend the hearing and, if the application is deemed reasonable, it shall replace the presiding officer of the hearing without delay. |
| (3) | Where the presiding officer of a hearing falls under paragraph (1) or (2), he or she may voluntarily refrain from presiding over the hearing with the approval of the competent administrative authority. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 30 (Open Hearings) |
A hearing may be open to the public upon request by a party or where the presiding officer of the hearing deems it necessary: Provided, That it shall not be open to the public where the open hearing might significantly prejudice the public good or legitimate interests of any third party.
[This Article Wholly Amended on Oct. 22, 2012]
| Article 31 (Proceedings of Hearings) |
| (1) | In commencing a hearing, the presiding officer shall first explain the contents of the scheduled disposition, its factual background, legal basis, etc. |
| (2) | Parties, etc. may state their opinions, submit documentary evidence, and ask questions to relevant witnesses, expert witnesses, etc. |
| (3) | Where parties, etc. submit their opinions in writing, the contents thereof shall be deemed stated in person at the relevant hearing. |
| (4) | The presiding officer of a hearing may take measures necessary to ensure the prompt and orderly progress of the hearing. |
| (5) | Where an administrative authority intends to hold any subsequent session of a hearing, it shall notify the parties, etc. of the date, time, and place of the subsequent session in writing or where consent is obtained from the concerned parties, etc., of the an electronic document may be used for such notice: Provided, That for parties, etc. in attendance at the hearing, the presiding officer may give oral notice thereof on the date of the hearing. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 32 (Consolidation and Separation of Hearings) |
Administrative agencies may hold hearings ex officio or upon the application of parties by consolidating or separating several cases.
[This Article Wholly Amended on Oct. 22, 2012]
| Article 33 (Examination of Evidence) |
| (1) | The presiding officer of a hearing may, ex officio or upon the application of a party, conduct necessary examinations and also examine other facts that parties, etc. have not claimed. |
| (2) | Any of the following methods shall be used for examination of evidence: |
| 1. | Collection of evidentiary data such as documents, ledgers, and materials; |
| 2. | Inquiries to relevant witnesses, expert witnesses, etc.; |
| 3. | Verification or appraisal and assessment; |
| 4. | Other necessary examinations. |
| (3) | Where deemed necessary, the presiding officer of a hearing may request the relevant administrative authorities to submit necessary documents or state their opinions. In such cases, the relevant administrative authorities shall comply such request, unless the execution of their duties is seriously hindered. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 34 (Hearing Reports) |
| (1) | The presiding officer of a hearing shall draw up hearing reports that states the following matters: |
| 2. | Personal information on the presiding officer of the hearing, including his or her affiliation and full name; |
| 3. | The domiciles, full names or titles, and the attendance status of the parties, etc.; |
| 4. | The date, time, and place of the hearing; |
| 5. | The abstract of statements of the parties, etc. and the evidence submitted; |
| 6. | Whether the hearing is open to the public and the grounds for making the hearing open to the public or not open under the proviso of Article 30; |
| 7. | The abstract and attached evidence in the case of the examination of evidence; |
| 8. | Other necessary matters. |
| (2) | Parties, etc. may inspect and review the contents of the hearing report and request the correction thereof if they have any objection thereto. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 34-2 (Reports of Views of Presiding Officers) |
The presiding officer of a hearing shall draw up a report of his or her own views that includes the following information:
| 1. | The title of the hearing; |
| 2. | The contents of the disposition and major facts or evidence; |
| 4. | Other necessary matters. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 35 (Conclusion of Hearings) |
| (1) | Where the presiding officer of a hearing deems that the presentation of opinions by parties, etc. and the examination of evidence regarding the relevant case have been sufficiently conducted, he or she may conclude the hearing. |
| (2) | Where all or any of the parties, etc. are not in attendance on the fixed date of hearing without good cause or fail to submit their opinions in writing under Article 31 (3), the presiding officer may conclude the hearing without granting them further opportunities for stating opinions and submitting evidence. |
| (3) | Where all or any of the parties, etc. are unable to be in attendance on the date of hearing, or to submit their opinions in writing under Article 31 (3) with good cause, the presiding officer of the hearing shall request them to submit opinions and evidence specifying a reasonable period of at least 10 days and may conclude the hearing when such period expires. <Amended on Dec. 10, 2019> |
| (4) | Where the presiding officer of a hearing concludes the hearing, he or she shall submit without delay to the competent administrative authority the hearing reports, the report of his or her own view, and other related documents. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 35-2 (Reflection of Results of Hearings) |
Administrative agencies shall carefully review hearing reports, reports of the views of presiding officers, and other related documents received under Article 35 (4) and, where deemed reasonable, shall reflect the results of the hearings in rendering dispositions. [This Article Wholly Amended on Oct. 22, 2012]
| Article 36 (Resumption of Hearings) |
Where an administrative authority deems it necessary to resume a hearing due to the revelation of new facts between the time when the hearing is concluded and the time when a disposition is rendered, it may return the hearing records, etc. received under Article 35 (4) and order the resumption of a hearing. In such cases, Article 31 (5) shall apply mutatis mutandis. [This Article Wholly Amended on Oct. 22, 2012]
| Article 37 (Inspection of Documents and Maintenance of Confidentiality) |
| (1) | Parties, etc. may request an administrative authority to allow the inspection or duplication of the documents regarding the results of examination of the case and other documents pertaining to the relevant disposition, from the date on which the prior notice of disposition is given to the deadline for submitting opinions, in the case of the submission of opinions; and from the date on which the notice of the hearing is given until the hearing is concluded, in the case of hearings. In such cases, the administrative authority may not deny such request, except where those documents are restricted from disclosure under other statutes or regulations. <Amended on Jan. 11, 2022> |
| (2) | Where an administrative authority complies with a request for inspection or duplication under paragraph (1), it may designate the date, time, and location for such inspection or duplication. |
| (3) | Where an administrative authority denies a request for inspection or duplication under the latter part of paragraph (1), it shall vindicate thereof. |
| (4) | The scope of the documents subject to inspection or duplication under paragraph (1) shall be prescribed by Presidential Decree. |
| (5) | Administrative agencies may charge costs incurred in duplication under paragraph (1) to those who requested it. |
| (6) | No one shall, without good cause, disclose or use, for other purposes, privacy or business or transaction secrets of another person learned through the submission of opinions or hearings. <Amended on Jan. 11, 2022> |
[This Article Wholly Amended on Oct. 22, 2012]
SECTION 3 Public Hearings
| Article 38 (Announcement of Holding of Public Hearings) |
To hold a public hearing, an administrative authority shall, at least 14 days before the commencement of the public hearing, notify the parties, etc. of the following information and inform the general public through public announcement of such information in the Official Gazette and relevant public gazette, on the Internet website, and in daily newspapers, etc. or by other means: Provided, That where the administrative authority schedules a date and place for a public hearing because of failure to hold a public hearing as scheduled after the announcement thereof, it shall inform such date and place no later than seven days before holding a subsequent public hearing: <Amended on Dec. 10, 2019>
| 2. | Date, time, and venue; |
| 4. | Information about presenters; |
| 5. | Methods of application for presentation and the time limit of application; |
| 6. | Submission of opinions by means of information and communications networks; |
| 7. | Other necessary matters for holding the public hearing. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 38-2 (Online Public Hearings) |
| (1) | An administrative authority may hold a public hearing through information and communications networks (hereinafter referred to as "online public hearing") only in parallel with a public hearing under Article 38. <Amended on Jan. 11, 2022> |
| (2) | Notwithstanding paragraph (1), an online public hearing may be held independently in any of the following cases: <Newly Inserted on Jan. 11, 2022> |
| 1. | Where it is impracticable to hold a public hearing under Article 38 for reasons including the protection of the safety or the rights and interests of people, such as their life, health and property; |
| 2. | Where a public hearing could not be held for reasons not attributable to an administrative authority pursuant to Article 38 or where a public hearing has been held, but not normally, and eventually canceled on at least three occasions; |
| 3. | Where an administrative authority deems it necessary to hold an online public hearing independently to collect many opinions: Provided, That the same shall not apply where a public hearing is held under Article 22 (2) 1 or 3. |
| (3) | Where an administrative authority holds an online public hearing, it shall build and operate information and communications networks with appropriate electronic processing capabilities through which people can submit their opinions and participate in discussions. <Amended on Jan. 11, 2022> |
| (4) | Where an online public hearing is held, anyone can submit his or her opinions or participate in discussions on the opinions submitted, through information and communications networks. <Amended on Jan. 11, 2022> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the methods and procedures for holding online public hearings shall be prescribed by Presidential Decree. <Amended on Jan. 11, 2022> |
[This Article Wholly Amended on Oct. 22, 2012]
[Title Amended on Jan. 11, 2022]
| Article 38-3 (Selection of Presiding Officers and Presenters of Public Hearings) |
| (1) | An administrative authority shall designate the presiding officer of a public hearing from among those with qualifications prescribed by Presidential Decree who have professional knowledge in the field related to the case issue of such public hearing, or experience in the relevant field. <Amended on Dec. 10, 2019> |
| (2) | Presenters of a public hearing shall be selected by the competent administrative authority from among applicants for presentation: Provided, That the administrative authority may designate or commission presenters from among the following persons, in the absence of any applicant for presentation or where deemed necessary to ensure fairness in the public hearing: |
| 1. | Parties, etc. relevant to the case issue of the public hearing; |
| 2. | Persons with expert knowledge in the field related to the case issue of the public hearing; |
| 3. | Persons with professional experience in the field related to the case issue of the public hearing. |
| (3) | The competent administrative authority shall endeavor to ensure fairness in designating, commissioning, or selecting the presiding official and presenters of a public hearing. |
| (4) | Presiding officers and presenters of public hearings and other experts, etc. who have submitted data for the public hearings may be reimbursed for allowances, travel expenses, and other necessary expenses within budgetary limits. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 39 (Proceedings of Public Hearings) |
| (1) | The presiding officer of a public hearing shall preside over the public hearing in a fair manner, and he or she may restrict the contents of presentations to ensure the smooth operation of the public hearing, and take necessary measures to maintain order as determined by the Minister of the Interior and Safety, including issuance of an order to stop speech or exit the public hearing. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Presenters shall only address matters directly related to the case issue of the public hearing. |
| (3) | The presiding officer of a public hearing shall, upon completion of presentations, allow questions and answers among the presenters and give the audience opportunities to speak their opinions. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 39-2 (Reflection of Results of Public Hearings and Online Public Hearings) |
Where administrative authorities recognize that reasonable grounds exist based on the facts and opinions presented through public hearings, online public hearings, information and communications networks, etc., the agencies shall reflect such facts and opinions in rendering a disposition. <Amended on Jan. 11, 2022>
[This Article Wholly Amended on Oct. 22, 2012]
[Title Amended on Jan. 11, 2022]
| Article 39-3 (Re-holding of Public Hearing) |
Where it is deemed necessary to hold a public hearing again because any new facts are discovered before the disposition is made after completing a public hearing, the administrative authority may hold a public hearing again.
[This Article Newly Inserted on Dec. 10, 2019]
CHAPTER III REPORTS, AFFIRMATION, AND PUBLICATION OF FACTS OF VIOLATIONS
| (1) | Where statutes and regulations, etc. provide for reports that release a person from a liability by notifying an administrative authority of specified matters, the administrative authority in control of such reports shall post a notice (including any notice on the Internet website, etc.) of the required documents, the receiving agency, and other necessary matters provided in statutes and regulations, etc. or shall furnish the relevant manual for the general public to inspect. |
| (2) | Where a report under paragraph (1) meets the following conditions, the reporting obligation shall be deemed fulfilled upon the arrival of the report at the receiving agency: |
| 1. | Where no errors are found in the report; |
| 2. | Where the required documents are duly attached; |
| 3. | Where the report conforms to the formalities provided in statutes and regulations, etc. |
| (3) | Where an administrative authority receives a report that fails to meet the conditions of the subparagraphs of paragraph (2), it shall require without delay the person who filed the report to supplement it, specifying a reasonable period. |
| (4) | Where a person who filed a report fails to supplement it within the period mentioned in paragraph (3), the competent administrative authority shall return such report, specifying the reasons therefor. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 40-2 (Affirmation) |
| (1) | Where dispositions that a party may apply for are prescribed under statutes or regulations, etc., an administrative authority may express its intention to render or not render a disposition upon receipt of an application from a party (hereinafter referred to as "affirmation"): |
| (2) | An affirmation shall be made in writing. |
| (3) | Where an administrative authority intends to make an affirmation of a disposition that requires procedures like consultation, etc. with another administrative authority, such procedures shall be followed before any affirmation is made. |
| (4) | An administrative authority shall not be bound by an affirmation in any of the following cases: |
| 1. | Where changes occur in statutes or regulations, etc. or circumstances after the affirmation is made, making it difficult to comply with such affirmation; |
| 2. | Where the affirmation is unlawful. |
| (5) | Where an affirmation falls under any subparagraph of paragraph (4), and as a result, the affirmation cannot be complied with, an administrative authority shall notify a relevant party of such fact without delay. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 40-3 (Publication of Facts of Violations) |
| (1) | An administrative authority may publish to the general public the name of a person or a corporation that has violated the obligations under statutes or regulations, the fact of violation, the fact of disposition for the violation of obligations, etc. (hereinafter referred to as "fact of violation, etc.") as prescribed by statutes. |
| (2) | Before publishing the fact of violation, etc., an administrative authority shall ensure that evidence and grounds are objective and reasonable so as not to damage the honor, credit, etc. of the parties with the publication of false facts. |
| (3) | When an administrative authority publishes the fact of violation, etc., it shall notify the parties of such fact in advance and give them an opportunity to present their opinions: Provided, That the same shall not apply in any of the following cases: |
| 1. | Where urgent publication is required to ensure the safety and welfare of the general public; |
| 2. | Where reasonable grounds exist to acknowledge that the hearing of opinions is highly impractical or clearly unnecessary in consideration of the nature of the relevant publication; |
| 3. | Where the relevant party clearly expresses his or her intention to relinquish an opportunity to state his or her opinion. |
| (4) | A party who has received an opportunity to present his or her opinion under paragraph (3) may present the opinion to the competent administrative authority in writing, orally, or through the information and communications networks before the publication. |
| (5) | Articles 27 and 27-2 shall apply mutatis mutandis to the methods of presenting opinions under paragraph (4) and the reflection of the opinions presented. In such cases, "disposition" shall be construed as "publication of the fact of violation, etc." |
| (6) | The fact of violation, etc. shall be published in the Official Gazette or the public gazette, or on the website, etc. |
| (7) | Where a party has completed measures, such as the performance of duties related to the publication, restoration to the original state, and compensation for damage before the fact of violation, etc. are published, an administrative authority need not publish such fact of violation, etc. |
| (8) | Where any content of the publication is found to be different from the fact or where the disposition included in the publication is revoked, an administrative authority shall revise such content and publish the revised content in the same manner as the relevant publication during the extended period of publication without delay: Provided, That where the party has no desire for publication, such publication may be omitted. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 40-4 (Administrative Plans) |
Where an administrative authority formulates, modifies, or abolishes a plan that directly affects the rights and duties of citizens, among the plans formulated by the agency, it shall duly balance various related benefits.
[This Article Newly Inserted on Jan. 11, 2022]
CHAPTER IV ADMINISTRATIVE ADVANCE NOTICE OF PROPOSED RULEMAKING
| Article 41 (Administrative Advance Notice of Proposed Rulemaking) |
| (1) | In cases of enacting, amending, or abolishing a statute, regulation, etc. (hereinafter referred to as “rulemaking”), an administrative authority that has prepared proposed rulemaking shall give advance notice thereof: Provided, That the administrative authority may omit such advance notice in any of the following cases: <Amended on Oct. 22, 2012> |
| 1. | Where rulemaking requires urgency due to the necessity for prompt protection of the rights of the people or the occurrence of unpredictable special circumstances; |
| 2. | Where rulemaking is proposed for the implementation of minor matters in statutes, regulations, etc.; |
| 3. | Where the content of proposed rulemaking is not related to the rights, duties, or daily life of the people; |
| 4. | Where advance notice is deemed unnecessary or impractical in consideration of the nature of the content of proposed rulemaking, such as simple modification of expressions or wording; |
| 5. | Where advance notice is likely to cause significant harm to the public safety or welfare. |
| (2) | Deleted. <Dec. 30, 2002> |
| (3) | Where the Minister of Legislation receives a request for review of a proposed Act, regulation, etc. the advance notice of which has not been made, he or she may recommend the relevant administrative authority to give advance notice of such proposed rulemaking or directly give advance notice thereof if deemed appropriate. <Amended on Oct. 22, 2012> |
| (4) | Where any important modification as prescribed by Presidential Decree is intended for a notified proposed rulemaking, such as addition of any provisions directly related to the people’s livelihood, the administrative authority that has proposed such rulemaking shall give additional advance notice of the relevant portions: Provided, That the administrative authority may omit such additional advance notice in cases falling under any of the subparagraphs of paragraph (1). <Newly Inserted on Oct. 22, 2012> |
| (5) | Necessary matters regarding the standards, procedures, etc. for advance notice of rulemaking shall be prescribed by Presidential Decree. <Amended on Oct. 22, 2012> |
| Article 42 (Methods of Advance Notice) |
| (1) | An administrative authority shall make a public announcement of the purports, major content or full text of proposed rulemaking by methods classified in the following subparagraphs and may make an additional public announcement thereof through the Internet, newspapers, broadcasting, etc.: <Amended on Dec. 10, 2019> |
| 1. | For advance notice of proposed rulemaking regarding a statute or regulation: Public announcement through the Official Gazette and the information system established and provided by the Minister of Government Legislation; |
| 2. | For advance notice of proposed rulemaking regarding a municipal ordinance or rule: Public announcement through the relevant public gazette. |
| (2) | Where an administrative authority provides advance notice of rulemaking regarding a presidential decree, it shall submit the proposed presidential decree to the competent standing committee of the National Assembly. |
| (3) | Where an administrative authority make advance notice of proposed rulemaking, it shall notify central administrative agencies, local governments, and other organizations deemed related to proposed rules of the contents of such rulemaking by giving notice or using other means. |
| (4) | An administrative authority may extensively collect public opinions on the proposed rulemaking notified in advance under paragraph (1), through online public hearings, etc. In such cases, Article 38-2 (3) through (5) shall apply mutatis mutandis. <Amended on Jan. 11, 2022> |
| (5) | Where an administrative authority receives a request for the inspection or duplication of the full text of proposed rules, it shall comply therewith, unless there is a compelling reason not to do so. |
| (6) | Administrative agencies may charge costs incurred in duplication under paragraph (5) to those who requested the duplication. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 43 (Comment Period) |
The comment period for proposed rulemaking shall be determined at the time of advance notice of and shall be at least 40 days (20 days in cases of municipal ordinances and rules) in the absence of special circumstances.
[This Article Wholly Amended on Oct. 22, 2012]
| Article 44 (Submission of Comments and Processing thereof) |
| (1) | Any person may submit his or her comments on proposed rules. |
| (2) | Where an administrative authority provides advance notice of proposed rules, it shall include in the notice, an agency receiving comments, a period for submitting comments, and other necessary matters. |
| (3) | Where an administrative authority receives comments regarding proposed rules, it shall respect such comments and process them accordingly, unless there is a compelling reason not to do so. |
| (4) | Administrative agencies shall notify a person who has submitted comments of the results of processing such comments. |
| (5) | Matters regarding the methods of processing submitted comments and the notification of such results shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 45 (Public Hearings) |
| (1) | With respect to proposed rules, administrative authorities may hold public hearings. |
| (2) | With respect to public hearings, Articles 38, 38-2, 38-3, 39, and 39-2 shall apply mutatis mutandis. |
[This Article Wholly Amended on Oct. 22, 2012]
CHAPTER V ADMINISTRATIVE ANNOUNCEMENT
| Article 46 (Administrative Announcement) |
| (1) | Where an administrative authority intends to formulate, implement, or change any policy, system, and plan (hereinafter referred to as "policy, etc."), it shall make administrative announcement of proposed policy, etc.: Provided, That the administrative authority may omit such announcement in any of the following cases: <Amended on Dec. 10, 2019> |
| 1. | Where it is significantly difficult to make administrative announcement due to urgent reasons, such as necessity for prompt protection of the rights of the people or the occurrence of unpredictable special circumstances; |
| 2. | Where such policy, etc. is proposed for the implementation of minor matters in statutes, regulations, etc.; |
| 3. | Where the content of proposed policy, etc. is not related to the rights, duties, or daily life of the people; |
| 4. | Where such announcement is likely to cause significant harm to the public safety or welfare. |
| (2) | Notwithstanding paragraph (1), administrative announcement may be substituted by advance notice of proposed rulemaking when the former is to be made for rulemaking regarding a statute, regulation, etc. |
| (3) | An administrative announcement period shall be determined in consideration of the nature, etc. of such announcement and shall be at least 20 days. <Amended on Jan. 11, 2022> |
| (4) | Notwithstanding paragraph (3), where urgency is required to achieve administrative objectives, the administrative announcement period may be shortened. In such cases, the shortened administrative announcement period shall be at least 10 days. <Newly Inserted on Jan. 11, 2022> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 46-2 (Compilation and Public Announcement of Statistics on Administrative Announcement) |
Administrative agencies shall compile annual statistics on the status of implementation and results of their own administrative announcement and shall publish them in the Official Gazette, in relevant public gazettes, on the Internet website, etc.
[This Article Newly Inserted on Jan. 28, 2014]
| Article 47 (Methods of Administrative Announcement) |
| (1) | Administrative agencies shall make public announcement of the purports and major content of proposed policy, etc. through the Official Gazette, relevant public gazettes, the Internet, newspapers, broadcasting, etc. |
| (2) | Articles 38, 38-2, 38-3, 39, 39-2, 39-3, 42 (excluding paragraphs (1), (2), and (4)), 44 (1) through (3), and 45 (1) shall apply mutatis mutandis to the methods of administrative announcement, to the submission of comments and processing thereof, and to public hearings and online public hearings. In such cases, "proposed rules" shall be construed as "proposed policy, etc."; "advance notice of rulemaking" as "administrative announcement"; and "when rendering a disposition" as “when formulating, implementing, or changing policy, etc.," respectively. <Amended on Jan. 11, 2022> |
[This Article Wholly Amended on Dec. 10, 2019]
CHAPTER VI ADMINISTRATIVE GUIDANCE
| Article 48 (Principles of Administrative Guidance) |
| (1) | Administrative guidance shall be rendered only to the minimum extent required to attain the purpose and shall not be unjustly exercised against the will of the other party to such administrative guidance. |
| (2) | No administrative agency shall disadvantageously treat any other party to administrative guidance by reason of non-compliance with the administrative guidance. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 49 (Methods of Administrative Guidance) |
| (1) | Any person rendering administrative guidance shall disclose the purposes and contents of the administrative guidance, and his or her identity to the other party. |
| (2) | Where administrative guidance is rendered by oral statement, the person rendering such administrative guidance shall, where requested by the other party, to provide the information referred to in paragraph (1) in writing, do so, unless his or her performance of the duties is particularly impeded. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 50 (Submission of Opinions) |
The other party to administrative guidance may submit opinions to the competent administrative agency in regard to the methods, contents, etc. of the administrative guidance.
[This Article Wholly Amended on Oct. 22, 2012]
| Article 51 (Administrative Guidance Directed to Two or More Persons) |
Where an administrative agency intends to render administrative guidance to many parties in order to achieve the same administrative objective, it shall publish the common contents of the administrative guidance, unless there is a compelling reason not to do so.
[This Article Wholly Amended on Oct. 22, 2012]
CHAPTER VII STRENGTHENING CITIZENS' PARTICIPATION
| Article 52 (Facilitation of Citizens' Participation) |
| (1) | An administrative authority shall endeavor to actively hear the opinions of citizens and reflect such opinions throughout the administrative process. |
| (2) | An administrative authority shall endeavor to provide citizens with various methods of participation and opportunities for cooperation and shall publish specific methods of participation. |
| (3) | An administrative authority shall endeavor to enhance the level of participation by citizens and, if necessary, conduct self-examinations of the level of the participation and submit the results thereof to the Minister of the Interior and Safety. |
| (4) | Where an administrative authority conducts self-examinations pursuant to paragraph (3), it may disclose the results thereof. |
| (5) | To facilitate citizens' participation, an administrative authority may take necessary measures, such as providing education and publicity, and securing budget and human resources. |
| (6) | To expand citizens' participation, the Minister of the Interior and Safety may provide education, publicity, and rewards, secure budget and human resources, and provide similar support to administrative authorities. |
[This Article Wholly Amended on Jan. 11, 2022]
| Article 52-2 (Handling of Citizens' Proposals) |
| (1) | An administrative authority (excluding the Secretary General of the National Assembly, the Minister of the National Court Administration, the Secretary General of the Constitutional Court, and the Secretary General of the National Election Commission) shall receive creative opinions or ideas from citizens (hereinafter referred to as "citizens' proposal") regarding government policies, administrative systems, and improved operation thereof and handle them. |
| (2) | Matters necessary for the operation of and procedures for citizens' proposals under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 52-3 (Window for Citizen Participation) |
An administrative authority may establish and operate an online or offline window through which the agency may hear the opinions of citizens and experts in relation to major policies, etc. or citizens may participate.
[This Article Newly Inserted on Jan. 11, 2022]
| Article 53 (Online Policy Discussions) |
| (1) | An administrative authority may hold a policy discussion using information and communications networks (hereafter in this Article referred to as “online policy discussion”) to widely gather diverse and creative opinions from citizens about major policy issues, etc. that affect the people. <Amended on Jan. 11, 2022> |
| (2) | An administrative authority may organize a temporary discussion panel by task and allow such panel to participate in the relevant discussions for more efficient online policy discussions. In such cases, the administrative authority shall endeavor to ensure fairness and objectivity in organizing a panel. <Amended on Jan. 11, 2022> |
| (3) | An administrative authority may take measures necessary to ensure that online policy discussions can be conducted fairly and impartially. <Amended on Jan. 11, 2022> |
| (4) | The methods of organizing and operating discussion panels, and other matters necessary for conducting online policy discussions, shall be prescribed by Presidential Decree. <Amended on Jan. 11, 2022> |
[This Article Newly Inserted on Jan. 28, 2014]
[Title Amended on Jan. 11, 2022]
[Previous Article 53 moved to Article 55 <Jan. 28, 2014>]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 54 (Bearing of Expenses) |
Expenses incurred in relation to administrative procedures shall be borne by administrative authorities: Provided, That the same shall not apply where parties, etc. spend expenses for their own benefit.
[This Article Wholly Amended on Oct. 22, 2012]
[Moved from Article 52; Previous Article 54 moved to Article 56 <Jan. 28, 2014>]
| Article 55 (Reimbursement of Expenses for Relevant Witnesses) |
| (1) | An administrative authority may reimburse relevant witnesses, expert witnesses, etc. necessary for the progression of administrative procedures for travel expenses and provide daily allowances within budgetary limits. |
| (2) | The criteria, etc. for reimbursement of expenses under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Oct. 22, 2012]
[Moved from Article 53 <Jan. 28, 2014>]
| Article 56 (Request for Cooperation) |
The Minister of the Interior and Safety (referring to the Minister of Government Legislation in the case of Chapter IV) shall endeavor to efficiently administer this Act and, if necessary, may check the current status and conditions of administration thereof, and may request relevant administrative authorities to provide relevant data or other cooperation. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Oct. 22, 2012]
[Moved from Article 54 <Jan. 28, 2014>]
ADDENDA <Act No. 5241, Dec. 31, 1996>
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
| (2) | (Applicability) This Act shall not apply to matters pertaining to the disposition, report, administrative advance notice of proposed rulemaking, administrative announcement, and administrative guidance in progress as at the time this Act enters into force. |
ADDENDA <Act No. 5809, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6839, Dec. 30, 2002>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) With respect to administrative procedures in progress as at the time this Act enters into force, the previous provisions shall apply. |
ADDENDUM <Act No. 7904, Mar. 24, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8451, May 17, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) With respect to administrative procedures in progress as at the time this Act enters into force, the previous provisions shall apply. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... among statutes to be amended under Article 6 of the Addenda, the amended provisions of a statute which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the relevant statute. Articles 2 through 7 Omitted.
ADDENDA <Act No. 11109, Dec. 2, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date when the Free Trade Agreement between the Republic of Korea and the United States of America and Exchange of Letters related to the Agreement enters into force.
Article 2 (Applicability to Extension of Period of Advance Notice of Proposed Rulemaking)
The amended provisions of Article 43 shall apply to statutes and regulations regarding which advance notice of proposed rulemaking is provided on or after this Act enters into force.
ADDENDUM <Act No. 11498, Oct. 22, 2012>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 41 (1) and (4) shall enter into force three months after the date of promulgation thereof.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12347, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Articles 14 (2), 21 (5) and 53 (4) shall enter into force six months after the date of promulgation thereof. Article 2 (Transitional Measures)
Any administrative procedure in progress as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: : Provided, That among statutes to be amended under Article 6 of the Addenda, the amended provisions of a statute which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the relevant statute. Articles 2 through 7 Omitted.
ADDENDA <Act No. 12923, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Notice of Grounds)
The amended provisions of Article 21 (6) of this Act shall begin to apply to dispositions rendered after this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That among statutes to be amended under Article 6 of the Addenda, the amended provisions of a statute which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the enforcement date of the relevant statute. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16778, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 (Applicability to Prior Notice of Disposition)
The amended provisions of Article 21 (3) shall begin to apply to prior notice of disposition given on or after this Act enters into force. Article 3 (Applicability to Reflection of Submitted Opinions)
The amended provisions of Article 27-2 (2) shall begin to apply to cases where the parties, etc. submit their opinions on or after this Act enters into force. Article 4 (Applicability to Public Hearings)
| (1) | The amended provisions of Article 29 (1) 5 shall begin to apply to the presiding officers of public hearings designated on or after this Act enters into force. |
| (2) | The amended provisions of Article 35 (3) shall begin to apply to public hearings commenced on or after this Act enters into force. |
Article 5 (Applicability to Designation of Presiding Officers of Public Hearings)
The amended provisions of Article 38-3 (1) shall begin to apply to the presiding officers of public hearings designated on or after this Act enters into force. Article 6 (Applicability to Administrative Announcement)
The amended provisions of Article 46 (1) shall begin to apply to policies, etc. formulated, implemented, or changed on or after this Act enters into force.
ADDENDA <Act No. 18748, Jan. 11, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 20 (2) through (4) shall enter into force on March 24, 2023. Article 2 (Applicability to Hearings)
The amended provisions of Article 22 (1) 3 shall begin to apply to dispositions, the prior notice of which is given under Article 21 with regard to dispositions under the items of that subparagraph after this Act enters into force. Article 3 (Applicability to Online Public Hearings)
The amended provisions of Article 38-2 (2) 2 shall begin to apply where a public hearing could not be held for reasons not attributable to an administrative authority or where a public hearing has been held, but not normally, and eventually canceled on at least three occasions. Article 4 (Applicability to Affirmation)
The amended provisions of Article 40 (2) shall begin to apply where an application for an affirmation is filed after this Act enters into force. Article 5 (Applicability to Publication of Facts of Violations)
The amended provisions of Article 40 (3) shall begin to apply where the fact of violation, etc. are published after this Act enters into force. Article 6 (Applicability to Administrative Announcement)
The amended provisions of Articles 46 (3) and (4) shall begin to apply where an administrative announcement is made after this Act enters into force. Article 7 (Amendments to Other Statutes)