CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for basic matters concerning treatment of civil petitions, thereby promoting fair and lawful treatment of civil petitions and rationalization of the civil petition administrative system to protect the rights and interests of the people.
The terms used in this Act are defined as follows:
| 1. | The term "civil petition" means a request by a civil petitioner to an administrative agency to take a disposition or other specific action, and the types thereof shall be as follows: |
| (a) | General civil petition: |
| (i) | Legal civil petition: A civil petition applying for authorization, permission, approval, patent, license, etc., according to the certain requirements prescribed by statutes or regulations, directives, established rules, notifications, autonomous regulations, etc. (hereinafter referred to as "relevant statutes or regulations, etc."), applying for or reporting registration or entry in legers, registers, etc., or applying for confirmation or verification of certain facts or legal relations; |
| (ii) | Inquisitive civil petition: A civil petition requesting explanation or interpretation of an administrative agency regarding administrative work, such as statutes or regulations, systems, procedures, etc.; |
| (iii) | Recommendatory civil petition: A civil petition requesting the improvement of administrative system and operation; |
| (iv) | Other civil petition: A civil petition requesting certain actions of an administrative agency, such as requesting consultation or explanation for simple administrative procedures or formal requirements, etc. or informing inconveniences occurring in daily life, other than a legal civil petition, inquisitive civil petition, recommendatory civil petition, and civil petition for grievance; |
| 2. | The term "civil petitioner" means an individual, corporation, or organization filing a civil petition with an administrative agency: Provided, That a person prescribed by Presidential Decree, such as an administrative agency (excluding cases of filing a civil petition as a subject of private economy), a person who is in a contractual relationship with an administrative agency under civil law (only referring to the contractual relationship directly related to the civil petition), and a person whose name, address, etc. is unclear; |
| 3. | The term “administrative agency” means the followings: |
| (a) | Agencies treating administrative affairs of the National Assembly, courts, the Constitutional Court, and the National Election Commission; central administrative agencies (including the agency under the jurisdiction of the President and the agency under the jurisdiction of the Prime Minister; hereinafter the same shall apply) and the affiliated agencies thereto; and local governments and the affiliated agencies thereto; |
| (iii) | Special legal entities established under special Acts; |
| (v) | Other corporations, organizations, or agencies prescribed by Presidential Decree; |
| (c) | A corporation or organization that has administrative authority or that has been delegated or entrusted with the administrative authority pursuant to statutes or regulations, or autonomous regulations, or an agency or individual belonging thereto. |
| 5. | The term "complex civil petition" means a legal civil petition treated with an authorization permission, approval, recommendation, consultation, or verification by several related institutions (including an organization, association, etc. related to the civil petition; hereinafter the same shall apply) or related offices pursuant to relevant statutes or regulations, etc. in order to realize the purpose of a single civil petition; |
| 6. | The term “civil petition related to many persons” means a civil petition filed by not less than five persons under joint signature related to common interests of not less than five households; |
| 7. | Deleted; <Jan. 11, 2022> |
| 8. | The term "automatic machine for issuing civil petition documents" means electronic equipment installed in an administrative agency, public place, etc. by the head of an administrative agency, which directly issues civil petition documents for civil petitioners. |
| Article 3 (Scope of Application) |
| (1) | Except as otherwise expressly provided for in other Acts, this Act shall apply to civil petitions. |
| (2) | Articles 36 (3), 37, 38, 39 (2) through (6), and 42 shall not apply to agencies treating administrative affairs of the National Assembly, courts, the Constitutional Court, and the National Election Commission pursuant to subparagraph 3 (a) of Article 2. |
| Article 4 (Obligations of Persons in Charge of Treating Civil Petitions and Protection of Such Persons) |
| (1) | A person in charge of treating civil petitions shall treat them in an expeditious, fair, kind, and lawful manner. <Amended on Jan. 11, 2022> |
| (2) | The head of an administrative agency shall take necessary measures prescribed by Presidential Decree, such as prevention and treatment of physical or mental harm to persons in charge of treating civil petitions, in order to protect the persons in charge of treating civil petitions from verbal abuse or violence from civil petitioners, etc., and repeated civil petitions filed with unjust purposes. <Newly Inserted on Jan. 11, 2022> |
| (3) | A person in charge of treating civil petitions may request that the head of an administrative agency take measures under paragraph (2). <Newly Inserted on Jan. 11, 2022> |
| (4) | The head of an administrative agency shall not place a person in charge of treating civil petitions at a disadvantage on the grounds that he or she makes the request under paragraph (3). <Newly Inserted on Jan. 11, 2022> |
[Title Amended on Jan. 11, 2022]
| Article 5 (Rights and Obligations of Civil Petitioners) |
| (1) | Civil petitioners have rights to file a civil petition with an administrative agency and receive an expeditious, fair, kind, and lawful response. |
| (2) | Civil petitioners shall cooperate with the request of persons in charge of treating civil petitions for lawful treatment of civil petitions and shall not conduct behaviors interrupting official businesses, such as making unreasonable demands to administrative agencies or delaying treatment of civil petitions for other civil petitioners. |
| Article 6 (Principles of Treating Civil Petitions) |
| (1) | No head of an administrative agency shall delay treatment of civil petitions on the ground that the period for treating civil petitions established in the relevant statutes or regulations, etc. has yet to expire or that the relevant civil petitioner fails to pay public charges unrelated to the civil petition: Provided, That where there are special provisions in other statutes or regulations, they shall apply thereto. |
| (2) | Except in cases falling under provisions of statutes or regulations or by delegation, no head of an administrative agency shall tighten procedures, etc. for treatment of civil petitions. |
| Article 7 (Information Protection) |
The head of an administrative agency shall endeavor to devise necessary measures not to divulge details of civil petitions, civil petitioners, and personal information of certain person which is included in the details of civil petitions that he or she has learned in the course of treating civil petitions, and ensure that the collected information is not used for the purposes other than treating civil petitions.
| Article 7-2 (Civil Petition Day) |
| (1) | November 24 of each year shall be designated as Civil Petition Day to enhance the understanding and awareness of civil petitions and to elevate the pride of persons in charge of treating civil petitions. |
| (2) | The State and local governments may hold a ceremonial event that meets the purpose of Civil Petition Day. |
[This Article Newly Inserted on Jan. 11, 2022]
CHAPTER II TREATMENT OF CIVIL PETITIONS
SECTION 1 FILING AND RECEIVING CIVIL PETITIONS
| Article 8 (Filing of Civil Petitions) |
A civil petition shall be filed in writing (including an electronic document provided for in subparagraph 7 of Article 2 of the Electronic Government Act; hereinafter the same shall apply): Provided, That other civil petitions may be filed orally or via telephone.
| Article 8-2 (Electronic Submission of Evidentiary Documents or Required Documents) |
| (1) | To submit evidentiary documents or required documents necessary for treating civil petitions, a civil petitioner may use an electronic document under subparagraph 7 of Article 2 of the Electronic Government Act (hereinafter referred to as "electronic form") or a digitized document under subparagraph 8 of that Article (hereinafter referred to as "digitized form"): Provided, That the same shall not apply where an administrative agency fails to establish an information system through which evidentiary or required documents are received in electronic or digitized form, or where there are other grounds prescribed by Presidential Decree. |
| (2) | Matters necessary for the verification, etc. of the authenticity of evidentiary or required documents submitted in electronic or digitized form under paragraph (1) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 9 (Receipt of Civil Petitions) |
| (1) | The head of an administrative agency, upon receipt of a civil petition, shall not withhold or refuse receipt thereof and shall not unlawfully return the civil petition documents received, except where special provisions exist in other statutes or regulations. |
| (2) | When the head of an administrative agency received a civil petition, he or she shall give the relevant civil petitioner the receipt thereof: Provided, That in cases prescribed by Presidential Decree, such as other civil petition, the civil petition which was filed by a civil petitioner not by his or her personal visit, and the civil petition which shall be treated “immediately,” he or she may omit the issuance of the receipt. |
| (3) | Matters necessary for the receipt, etc. of civil petitions under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 10 (Prohibition of Requests for Unnecessary Documents) |
| (1) | When the head of an administrative agency receives and treats a civil petition, he or she shall not request that the relevant civil petitioner submit additional documents other than the required documents prescribed by the relevant statutes or regulations, etc. |
| (2) | Where the head of an administrative agency receives the same civil petition documents or required documents in duplicate, he or she shall permit the relevant civil petitioner to submit a copy of such documents together with the original thereof, unless there is a compelling reason not to do so. |
| (3) | The head of an administrative agency, when receiving and treating a civil petition, shall not request that the relevant civil petitioner submit relevant evidentiary or required documents, in any of the following cases, and such verification and treatment shall be the responsibility of a person in charge of treating such civil petition: <Amended on Jan. 11, 2022> |
| 1. | Where it is possible to verify matters necessary to treat a civil petition with a certificate of resident registration, passport, or driver's license carried by a civil petitioner, or any other certificate issued by an administrative agency; |
| 2. | Where it is possible to verify matters necessary to treat a civil petition with the official book or administrative information of the relevant administrative agency; |
| 4. | Where an administrative agency receives evidentiary or required documents in electronic form directly from another administrative agency to verify the matters necessary for treating the relevant civil petition, and where the relevant civil petitioner pays to the administrative agency in advance the charges, etc. prescribed by the relevant statutes or regulations, etc. for the relevant evidentiary or required documents; |
| (4) | Where the head of an administrative agency has verified and treated evidentiary or required documents pursuant to paragraph (3), the evidentiary or required documents shall be deemed verified or treated in accordance with the procedures prescribed by relevant statutes or regulations, etc. <Newly Inserted on Jan. 11, 2022> |
| (5) | Where administrative data matching replaces the submission of a civil petitioner's evidentiary or required documents pursuant to paragraph (3) 3, the head of an administrative agency may reduce or exempt charges for the relevant evidentiary or required documents in consultation with the head of the agency that has issued such evidentiary or required documents. <Newly Inserted on Jan. 11, 2022> |
| (6) | The head of an administrative agency shall publish the types and scope of civil petitions that can be verified through administrative data matching pursuant to paragraph (3) 3 and other necessary matters on the agency's website, etc. <Newly Inserted on Jan. 11, 2022> |
| (7) | Where the head of an administrative agency receives an application for the change or renewal of the original civil petition, he or she shall not request the submission of the relevant evidentiary or required documents, which are already submitted, unless there is a compelling reason not to do so. <Amended on Jan. 11, 2022> |
| (8) | Procedures for verifying details necessary for treating civil petitions under paragraphs (3) through (6) and other necessary matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. <Newly Inserted on Jan. 11, 2022> |
| Article 10-2 (Civil Petitioners' Request to Share Information Pertaining to Themselves) |
| (1) | Where an administrative agency holds administrative information on a person in a form that can be processed using devices capable of processing information, such as computers, a civil petitioner may request that the head of the agency holding administrative information provide an agency in charge of receiving and treating civil petitions with administrative information such as evidentiary or required documents pertaining to the civil petitioner himself or herself (excluding information regarding the court's judgment, mediation, and other relevant affairs) to be used to address his or her civil petition. In such cases, the head of the agency in charge of receiving and treating civil petitions shall not request the civil petitioner to submit the relevant evidentiary or required documents, but instead shall be provided with the relevant information from the head of the agency that holds administrative information to address the relevant civil petition. |
| (2) | Notwithstanding any of the following statutes, the head of an agency, upon receipt of a request under paragraph (1), shall provide, without delay, the relevant information to the civil petitioner or his or her designated agency in charge of treating civil petitions in a form that can be processed using devices capable of processing information, such as computers: Provided, That the same shall not apply where grounds for limitation or denial under Article 35 (4) of the Personal Information Protection Act exist: |
| 12. | Other relevant provisions of statutes prescribed by Presidential Decree, similar to those specified in subparagraphs 1 through 11. |
| (3) | The Minister of the Interior and Safety shall determine the types of administrative information pertaining to a civil petitioner that the civil petitioner may request from the head of an agency in possession of administrative information pursuant to paragraphs (1) and (2) in consultation with the head of such agency, and publish such information to the public. |
| (4) | The Minister of the Interior and Safety shall prevent the forgery, alteration, damage, divulgence, misuse, or abuse of the relevant administrative information, by linking the information system referred to in subparagraph 13 of Article 2 of the Electronic Government Act, in a safe and reliable manner through the Administrative Information-Sharing Center designated under Article 37 of that Act. |
| (5) | Where the head of an administrative agency provides administrative information in a form that can be processed using devices capable of processing information, such as computers, pursuant to paragraphs (1) through (3), he or she may reduce or exempt charges, notwithstanding other statutes. |
| (6) | Where a civil petitioner requests administrative data matching regarding himself or herself pursuant to paragraph (1), he or she shall prove that such administrative information pertains to him or her by any of the following methods: |
| 2. | Using biological information, including fingerprint, held by an administrative agency; |
| (7) | The head of an administrative agency who receives and uses administrative information from other agencies pursuant to paragraph (1) shall devise appropriate security measures to prevent such administrative information from being forged, altered, damaged, divulged, misused, or abused, and the Minister of the Interior and Safety may inspect the current status thereof. |
| (8) | Matters necessary for the methods of requesting administrative information pertaining to a civil petitioner, the methods and criteria for providing such administrative information, types and the detailed types of such information, charges, security measures, the inspection of the current status under paragraphs (1) through (5), (7), etc. shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. |
[This Article Newly Inserted on Oct. 20, 2020]
| Article 11 (Providing Convenience to Vulnerable Groups in terms of Access to Civil Petitions) |
| (1) | The head of an administrative agency shall endeavor to provide convenience to vulnerable groups in terms of access to civil petitions (persons with disabilities, pregnant women, the elderly and weak, and persons who are restricted in filing a civil petition, etc. due to the digital divide under subparagraph 13 of Article 2 of the Framework Act on Intelligent Informatization; hereinafter the same shall apply) while the petition is filed, received, or treated. <Amended on Jan. 11, 2022> |
| (2) | The head of an administrative agency may reduce or exempt charges for treating civil petitions for vulnerable groups in terms of access to civil petitions. <Newly Inserted on Jan. 11, 2022> |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the provision of convenience, the reduction of and exemption from charges, etc. for vulnerable groups in terms of access to civil petitions shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, Presidential Decree or municipal ordinance. <Newly Inserted on Jan. 11, 2022> |
[Title Amended on Jan. 11, 2022]
| Article 12 (Opening of Civil Service Offices) |
In order to ensure expeditious treatment of civil petitions and provide civil petitioners with guidance and counseling convenience, the head of an administrative agency may open civil service offices.
| Article 12-2 (Operation of Electronic Civil Petition Window and Integrated Electronic Civil Petition Window) |
| (1) | The head of an administrative agency shall improve relevant statutes or regulations, establish facilities and information systems for the electronic treatment of civil petitions, and take other necessary measures so that a civil petitioner does not need to visit the relevant agency in person for filing a civil petition. |
| (2) | The head of an administrative agency may take measures under paragraph (1) by establishing and operating an information system (hereinafter referred to as "electronic civil petition window") through which civil petitions are filed, received, and treated on the Internet: Provided, That where no electronic civil petition window is established, a civil petition may be filed, received, and treated through an integrated electronic civil petition window under paragraph (3). |
| (3) | The Minister of the Interior and Safety may establish and operate an integrated electronic civil petition window to support the establishment and operation of the electronic civil petition window and to link the electronic civil petition windows of all administrative agencies. |
| (4) | Where a civil petitioner files a civil petition through an electronic civil petition window or an integrated electronic civil petition window, the civil petition shall be deemed to have been filed with an administrative agency having jurisdiction over the relevant civil petition pursuant to the relevant statutes or regulations, etc. |
| (5) | The head of an administrative agency may reduce or exempt charges for treating civil petitions where such petitions are treated through an electronic civil petition window or an integrated electronic civil petition window, notwithstanding other statutes. |
| (6) | Where a civil petitioner who has filed a civil petition through an electronic civil petition window or an integrated electronic civil petition window pays charges by means of electronic currency, electronic settlement, etc. through information and communications networks, the head of an administrative agency may separately charge, in addition to the charges, an expense for handling affairs. |
| (7) | Matters necessary for the establishment and operation of an electronic civil petition window and an integrated electronic civil petition window, the scope of civil petitions for which charges may be reduced or exempted, and the rate of reduction or exemption pursuant to paragraph (5), the standards for charging expenses for handling affairs pursuant to paragraph (6), etc. shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the National Election Commission Regulations, or Presidential Decree. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 13 (Provision of Convenience in Filing Civil Petitions) |
The head of an administrative agency shall provide convenience to a civil petitioner who files a civil petition by posting matters necessary for filing civil petitions, such as civil petition-related statutes or regulations or manuals, or the relevant standards, procedures, etc., for treating civil petitions at a civil service office (where no civil service office is established, referring to a department in charge of receiving or sending documents) and by posting such information on the agency's website. <Amended on Jan. 11, 2022>
[Title Amended on Jan. 11, 2022]
| Article 14 (Receipt of Civil Petitions and Issuance of Civil Petition Documents through Other Administrative Agencies) |
| (1) | For the convenience of civil petitioners, the head of an administrative agency may cause another administrative agency or a corporation prescribed by Presidential Decree, from among corporations incorporated pursuant to a special Act and have a nationwide organizational structure, to receive civil petitions and issue civil petition documents on behalf of such administrative agency. |
| (2) | Matters necessary for procedures for the receipt of civil petitions and the issuance of civil petition documents under paragraph (1), methods of forwarding among receiving, treating, and issuing agencies shall be prescribed by Presidential Decree. |
| (3) | An executive officer or employee of a corporation who receives civil petitions and issues civil petition documents pursuant to paragraph (1) shall be deemed a public official for the purposes of the penalty provisions of the Criminal Act or other Acts. |
| Article 15 (Receipt of Civil Petitions and Issuance of Civil Petition Documents under Jurisdiction of Other Administrative Agencies via Information and Communications Networks) |
| (1) | Where it is possible for the head of an administrative agency to receive civil petitions and issue civil petition documents under the jurisdiction of other administrative agencies via information and communications networks, he or she may directly receive civil petitions and issue civil petition documents. |
| (2) | The Minister of the Interior and Safety shall determine and publicly notify the types of civil petitions that he or she may receive and civil petition documents that he or she may issue pursuant to paragraph (1), in consultations with the heads of the relevant central administrative agencies. <Amended on Jul. 26, 2017> |
| Article 16 (Delivery of Civil Petition Documents) |
| (1) | Where the head of an administrative agency receives any civil petition document under the jurisdiction of another administrative agency, he or she shall deliver such documents to the competent administrative agency without delay. |
| (2) | Matters necessary for procedures and methods of delivering civil petition documents under paragraph (1) shall be prescribed by Presidential Decree. |
SECTION 2 TREATMENT PERIOD AND METHOD OF CIVIL PETITION
| Article 17 (Setting and Public Announcement of Treatment Period of Legal Civil Petitions) |
| (1) | The head of an administrative agency shall pre-determine the treatment period, from receipt of the application of legal civil petitions with the administrative agency to completion of treatment thereof, by each type of legal civil petitions and make a public announcement thereof in order to treat legal civil petitions promptly. |
| (2) | When the head of an administrative agency determines the treatment period pursuant to paragraph (1), he or she shall determine it by distinguishing the treatment period for each agency, such as receipt agency, funnel agency, consultation agency (only where the consultation with other agency is necessary in advance), and disposition agency. |
| (3) | The head of an administrative agency shall include the treatment period pursuant to paragraphs (1) and (2) in the civil petition manual. |
| Article 18 (Treatment Period of Inquisitive Civil Petition) |
The treatment period and treatment procedure, etc. of inquisitive civil petition, recommendatory civil petition, other civil petition, and civil petition for grievance shall be prescribed by Presidential Decree.
| Article 19 (Calculation of Period for Treating Civil Petitions) |
| (1) | Where the period for treating civil petitions is fixed at not more than five days, the said period shall be calculated on an hourly basis from the time of receiving a civil petition, excluding Saturday and holidays. In this regard, one day shall be deemed eight working hours. |
| (2) | Where the period for treating civil petitions is fixed at not less than six days, the said period shall be calculated on a daily basis, including the first day, but excluding holidays and Saturday. |
| (3) | Where the period for treating civil petitions is fixed on a weekly, monthly, or yearly basis, the first day shall be included therein, and Articles 159 through 161 of the Civil Act shall apply mutatis mutandis thereto. |
| Article 20 (Cooperation among Relevant Agencies and Departments) |
| (1) | Where the cooperation of the relevant agencies and departments is necessary in treating civil petitions, the department treating civil petitions shall request such cooperation without delay after receiving civil petitions by determining answer period within the treatment period of the civil petitions, and the agencies and departments, upon receipt of such request, shall treat it within the answer period. |
| (2) | Where there is a special circumstance that the agency or department, upon receipt of a request, is unable to treat the civil petition within the answer period pursuant to paragraph (1), it may extend the period only once, within the scope of the answering period. |
| (3) | Where the agency or department, upon receipt of a request, intends to extend the period pursuant to paragraph (2), it shall notify the department treating the civil petitions which requested the cooperation of the grounds for extension, processing status, and expected date of answer, etc. before the answer period pursuant to paragraph (1) terminates. |
| Article 21 (Exception of Treating Civil Petitions) |
Where the civil petition (excluding legal civil petition; hereinafter the same shall apply in this Article) received by the head of an administrative agency falls under any of the following, he or she need not treat the civil petition. In such cases, he or she shall notify the relevant civil petitioner of the grounds therefore:
| 1. | Matters requesting a highly political decision or matters regarding state secrets or official secrets; |
| 2. | Matters regarding investigation, trial, and execution of sentence or matters for which the inspection of the Board of Audit and Inspection began; |
| 3. | Administrative trial, administrative litigation, trial in the Constitutional Court, request for examination by the Board of Audit and Inspection, and other matters for which the appeals procedure is on the process pursuant to other Acts; |
| 4. | Matters for which the procedure for the coordination of interest among relevant persons, such as reconciliation, intercession, adjustment, arbitration, etc., is on the process pursuant to statutes or regulations; |
| 5. | Matters regarding the relationship of rights finalized through judgement, ruling, decision, reconciliation, adjustment, arbitration, etc.; |
| 6. | Matters conducted by the Board of Audit and Inspection through the decision of the Council of Commissioners; |
| 7. | Matters conducted through resolution by various levels of election board; |
| 8. | Matters regarding the relationship among private individuals or matters regarding privacy; |
| 9. | Matters regarding the act of personnel administration against the employees of administrative agencies. |
| Article 22 (Supplementation or Withdrawal of Civil Petition Documents) |
| (1) | Where it is necessary to complement a civil petition document that the head of an administrative agency has received, he or she shall require the relevant civil petitioner to supplement such document within a designated period as necessary for the supplementation thereof without delay. |
| (2) | Before the the relevant civil petition is closed, a civil petitioner may supplement, change, or withdraw any detail of the civil petition filed: Provided, That this shall not apply where otherwise expressly provided for in other Acts or such supplementation, change, or withdrawal is impracticable due to the nature of such civil petition. |
| (3) | Matters necessary for procedures for, and methods of, supplementing civil petition documents under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 23 (Treating Repetitive Civil Petitions and Redundant Civil Petitions) |
| (1) | Where a civil petitioner submits civil petitions (excluding legal civil petitions; hereinafter the same shall apply in this Article) with the same details repeatedly at least three times without good cause, the head of an administrative agency may notify the civil petitioner of the treatment result thereof at least twice, and may close the civil petition received afterwards. |
| (2) | Where the head of an administrative agency received the civil petition with the same details, which was submitted to at least two administrative agencies by a civil petitioner, he or she may treat it by applying paragraph (1) mutatis mutandis. |
| (3) | The head of an administrative agency shall determine whether the details of civil petitions are identical as prescribed in (1) and (2) by comprehensively considering the characteristics of the relevant civil petition, the similarity and relationship of the details of civil petition to those of the previous civil petition, and the circumstances where it is unavoidable to make the same reply as that for the previous civil petition, etc. |
| Article 24 (Treatment of Civil Petitions Involving Many Persons) |
| (1) | A civil petitioner who files a civil petition involving many persons shall submit the original document of joint signature. |
| (2) | Where a civil petition related to many persons is filed, the head of an administrative agency shall take measures to resolve it in a prompt, fair, and legal manner. |
| (3) | The matters necessary for the effective treatment and management of civil petitions related to many persons shall be prescribed by Presidential Decree. |
| Article 25 (Designation of Civil Petition Examiners) |
| (1) | The head of an administrative agency shall appoint a civil petition examiner, from among employees under his or her jurisdiction, for a verification, check, etc. of the current status of treatment of civil petitions. |
| (2) | Matters concerning the duties of civil petition examiners under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 26 (Post Management of Civil Petitions Treated) |
The head of an administrative agency may investigate the level of satisfaction of civil petitioners with civil petitions treated, matters requiring improvement, etc. and may reflect the results of such investigation in its business affairs.
SECTION 3 NOTIFICATION OF OUTCOME OF TREATING CIVIL PETITIONS
| Article 27 (Notification of Outcome of Treating Civil Petitions) |
| (1) | Where the head of an administrative agency finished treating the civil petition he or she received, he or she shall give written notice of the results to the civil petitioner: Provided, That such notice may be given orally or by means such as telephone, text message, facsimile, or electronic mail, where other types of civil petitions are filed, notice needs to be given in a prompt manner, or where requests are made by civil petitioners, and in other cases prescribed by Presidential Decree. <Amended on Jan. 11, 2022> |
| (2) | In any of the following cases, the head of an administrative agency may replace a notice under the main clause of paragraph (1) with a notice in electronic form: Provided, That in cases falling under subparagraph 2, upon receipt of a request by a civil petitioner, a document containing the results of treating the civil petition shall be issued without delay: <Newly Inserted on Jan. 11, 2022> |
| 1. | Where the civil petitioner gives consent; |
| 2. | Where the civil petitioner files a civil petition in electronic form through an electronic civil petition window or an integrated electronic civil petition window. |
| (3) | Where the head of an administrative agency gives notice of the results of treating a civil petition pursuant to paragraph (1) or (2), and where he or she rejects the civil petition, he or she shall give notice not only of the reasons for rejection but of the remedial procedures therefore. <Amended on Jan. 11, 2022> |
| (4) | Where it is necessary to issue the results of treating a civil petition pursuant to paragraph (1) directly to a civil petitioner in document form, such as a written permission, certificate of completion of receipt, and certificate (excluding a document in electronic or digitized form), the head of an administrative agency shall issue the document after verifying the identity of the civil petitioner or the person who has been delegated by the civil petitioner.<Amended on Jan. 11, 2022> |
| Article 28 (Issuance of Civil Petition Documents Using Automatic Machines for Issuing Civil Petition Documents) |
| (1) | The head of an administrative agency may issue the document of a civil petition (including civil petitions under the jurisdiction of other administrative agencies) by using automatic machines for issuing civil petition documents. |
| (2) | Where the head of an administrative agency issues civil petition documents pursuant to paragraph (1), notwithstanding the provisions of other Acts, he or she may reduce or exempt treatment charges. |
| (3) | The Minister of the Interior and Safety shall determine and publicly notify the kinds of civil petition documents to be issued by him or her pursuant to paragraph (1), in consultations with the heads of the relevant administrative agencies. <Amended on Jul. 26, 2017> |
| Article 28-2 (Issuance of Electronic Certificates) |
| (1) | The head of an administrative agency may issue an electronic certificate (referring to a civil petition document issued by the head of an administrative agency in electronic or digitized form in order to verify certain facts or relations, etc.; hereinafter the same shall apply) through an electronic civil petition window or an integrated electronic civil petition window. |
| (2) | Where electronic certificates are issued pursuant to paragraph (1), the charges therefor may be reduced or exempted, except as otherwise provided in the relevant statutes or regulations, etc. |
| (3) | The Minister of the Interior and Safety shall determine and publicly notify the types of electronic certificates that can be issued pursuant to paragraph (1) in consultation with the heads of the relevant administrative agencies. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 29 (Methods of Paying Charges for Treating Civil Petitions) |
To provide convenience to civil petitioners, the head of an administrative agency shall take measures to ensure that civil petitioners are able to pay charges for treating civil petitions in cash, or through revenue stamps issue by the central and local governments or other various methods, such as electronic currency and electronic settlement through information and communications networks. <Amended on Jan. 11, 2022>
SECTION 4 LEGAL CIVIL PETITION
| Article 30 (Requests for Preliminary Review) |
| (1) | In cases of a legal petition prescribed by Presidential Decree, such as civil petitions incurring large financial costs for the filing thereof, a civil petitioner may request a summary preliminary review before he or she formally files a civil petition to the head of the relevant administrative agency. |
| (2) | Where a legal civil petition, for which preliminary review has been requested pursuant to paragraph (1), is subject to consultations with the heads of other administrative agencies, the head of an administrative agency shall consult with the head of such other administrative agencies in advance. |
| (3) | The head of an administrative agency shall notify a civil petitioner of the result of a preliminary review in writing and, when he or she notifies that the filing of the civil petition is possible, he or she shall endeavor to make the same decision in cases where the civil petitioner formerly files the civil petition with the same details: Provided, That this shall not apply to the cases where he or she is unable to implement such disposition for any reason imputable to the civil petitioner, force majeure, or any other just reason. |
| (4) | The head of an administrative agency shall develop and implement legal and institutional systems to ensure an efficient operation of the preliminary review system under paragraph (1). |
| Article 31 (Treatment of Complex Civil Petitions) |
| (1) | The head of an administrative agency may designate a department to treat complex civil petitions and have such department treat complex civil petitions simultaneously, in cooperation with related administrative agencies or departments. |
| (2) | Matters necessary for the methods of, and procedures for, treating complex civil petitions under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 32 (Implementation of One-time Visit Civil Petition Treatment System) |
| (1) | When the head of an administrative agency treats complex civil petitions, he or she shall make sure that an employee in charge of civil petitions directly confirms data that may be confirmable within such administrative agency and performs all procedures resulting from cooperation with related agencies and departments, thereby establishing the one-time visit civil petition treatment system, lest a civil petitioner should revisit the administrative agency for unnecessary reasons. |
| (2) | The head of an administrative agency shall establish a counseling window for one-time visit civil petition treatment in order to provide guidance and counseling convenience on the one-time visit civil petition treatment system under paragraph (1). |
| (3) | The one-time visit civil petition treatment system referred to in paragraph (1) shall be implemented in accordance with the following procedures: |
| 1. | The establishment and operation of a counseling window for one-time visit civil petition treatment pursuant to paragraph (2); |
| 2. | The designation and management of civil petition superintendents pursuant to Article 33; |
| 3. | The operation of a business organization to deliberate on complex civil petitions; |
| 4. | Re-deliberation by a civil petition mediation committee pursuant to Article 34 for the deliberation result of the business organization under subparagraph (3); |
| 5. | Rendering final decisions through the head of an administrative agency. |
| Article 33 (Designation and Operation of Civil Petition Superintendents) |
The head of an administrative agency may designate employees under his or her jurisdiction with abundant experience in treatment of civil petition affairs as civil petition superintendents in order to provide guidance and counseling to civil petitioners for the effective operation of the one-time visit civil petition treatment system.
| Article 34 (Establishment and Operation of Civil Petition Mediation Committee) |
| (1) | The head of an administrative agency shall establish and operate the civil petition mediation committee in order to deliberate on the following: |
| 1. | Measures for resolving and preventing civil petitions which have been unresolved for a long time, repetitive civil petitions, and civil petitions related to many persons; |
| 2. | Formal objections against rejections; |
| 3. | Validity of applying regulations of the department treating civil petitions and re-deliberation pursuant to Article 32 (3) 4; |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | Matters necessary for the organization and operation of the civil petitions mediation committee shall be prescribed by Presidential Decree. |
| Article 35 (Formal Objections against Rejections) |
| (1) | A civil petitioner, who is dissatisfied with a disposition to reject a legal civil petition taken by the head of an administration agency, may file an objection in writing to the head of such administrative agency within 60 days from the receipt of such refusal disposition. |
| (2) | The head of an administrative agency shall render a decision as to whether to accept the objection filed, within ten days from receipt of the objection, and shall give written notice of the result thereof to the civil petitioner without delay: Provided, That when the head of the administrative agency is unable to render a decision as to whether to accept the objection within the designated period due to extenuating circumstances, he or she may extend such period for up to ten days from the date following the expiration date of such period, and notify the civil petitioner of the grounds for the extension thereof. |
| (4) | Matters necessary for procedures for, and methods of, filing an objection under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER III IMPROVEMENT OF CIVIL-PETITION ADMINISTRATIVE SYSTEM
| Article 36 (Public Notice of Standards for Treatment of Civil Petitions) |
| (1) | To provide convenience to civil petitioners, the Minister of the Interior and Safety shall prepare comprehensive standards for treating civil petitions that include matters regarding agencies treating civil petitions, period for treating them, required documents, procedures for treating civil petitions, and methods of filing civil petitions under the relevant statutes or regulations, etc. and shall publish notice of such standards in the Official Gazette and post them on an integrated electronic civil petition window. <Amended on Jul. 26, 2017; Jan. 11, 2022> |
| (2) | If necessary to modify the standards for treatment of civil petitions published pursuant to paragraph (1) due to the establishment, amendment, or repeal of relevant statutes or regulations, etc., the head of an administrative agency shall immediately notify the Minister of the Interior and Safety of the details thereof, and the Minister of the Interior and Safety shall reflect such details in the standards for treatment of civil petitions referred to in paragraph (1) after he or she publishes them in the official gazette and make them available on the integrated electronic civil petition window. <Amended on Jul. 26, 2017> |
| (3) | Where the Minister of the Interior and Safety deems it necessary to streamline the process related to civil petitions, he or she may request the heads of the relevant administrative agencies to modify the time-periods for treatment, required documents, treatment procedures, and the methods of filing civil petitions, etc., as provided for in relevant statutes or regulations, etc. <Amended on Jul. 26, 2017> |
| Article 37 (Adjustment of Standards for Treatment of Civil Petitions) |
| (1) | Where the Minister of the Interior and Safety deems it necessary to streamline the process related to civil petitions when he or she establishes and publishes the standards for treatment of civil petition affairs pursuant to Article 36, he or she may temporarily reduce the periods for treatment and required documents, or change the treatment procedures or methods of filing civil petitions, as provided for in relevant statutes or regulations, etc. until such statutes or regulations, etc. are amended, in consultations with the heads of the relevant administrative agencies. <Amended on Jul. 26, 2017> |
| (2) | Where the standards for treatment of civil petitions are adjusted and published pursuant to paragraph (1), the head of each administrative agency shall treat civil petition affairs according to such adjustment and publication, and the head of each central administrative agency shall amend and revise relevant statutes or regulations, etc. without delay according to the adjusted or changed content of the standards for treatment of civil petitions. |
| Article 38 (Civil-Petition Administration and Improvement of System thereof) |
| (1) | The Minister of the Interior and Safety shall draw up basic guidelines for civil-petition administration and the improvement of system thereof every year and notify it to the head of an administrative agency. <Amended on Jul. 26, 2017> |
| (2) | The head of an administrative agency shall establish and implement a plan for civil-petition administration and the improvement of system thereof, which meets the characteristics of the relevant agency according to the basic guidelines pursuant to paragraph (1). |
| Article 39 (Improvement of Civil-Petition System) |
| (1) | The head of an administrative agency shall endeavor to discover and improve improvement schemes for the civil-petition system. |
| (2) | The head of an administrative agency shall notify the improvement pursuant to paragraph (1) to the Minister of the Interior and Safety, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| (3) | The head of an administrative agency and persons in charge of treating civil petitions may submit the improvement scheme of civil petition system to the Minister of the Interior and Safety or the head of the competent administrative agency. <Amended on Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety shall review the improvement scheme submitted pursuant to paragraph (3) and, when necessary, may notify it to the head of the competent administrative agency and have him or her review it. <Amended on Jul. 26, 2017> |
| (5) | The head of the competent administrative agency, who received and was notified of the improvement scheme pursuant to paragraphs (3) and (4), shall determine whether to accept it, and the Minister of the Interior and Safety may, for the matters he or she deems it necessary to improve, from among the matters the head of an administrative agency decided not to accept, he or she may recommend the head of the competent administrative agency to improve them. <Amended on Jul. 26, 2017> |
| (6) | When the head of the competent administrative agency decided not to accept matters recommended by the Minister of the Interior and Safety pursuant to paragraph (5), the Minister of the Interior and Safety may request deliberation thereon by the civil petition system improvement and coordination committee pursuant to Article 40. <Amended on Jul. 26, 2017> |
| Article 40 (Civil Petition System Improvement and Coordination Committee) |
| (1) | In order to deliberate on and coordinate matters requiring improvement of civil petition system related to many departments, the civil petition system improvement and coordination committee shall be established (hereinafter referred to as “Coordination Committee”) under the jurisdiction of the Prime Minister. |
| (2) | The Coordination Committee shall deliberate on and coordinate the matters prescribed by Presidential Decree, such as matters requiring improvement of civil petition system, matters requested to be deliberated upon pursuant to Article 39 (6). |
| (3) | The organization and operation of the Coordination Committee and other necessary matters shall be prescribed by Presidential Decree. |
| Article 41 (Actual State Inspection and Streamlining Process Related to Civil Petition) |
| (1) | The head of each central administrative agency shall, every year, inspect the actual state of treatment and operation of civil petition under his or her jurisdiction. |
| (2) | The head of each central administrative agency shall formulate a plan for streamlining the process related to civil petitions under his or her jurisdiction by simplifying required documents, treatment procedures therefor, etc., in accordance with the results of inspection under paragraph (1). |
| Article 42 (Verification, Check, and Assessment) |
| (1) | Where deemed necessary for more efficient civil petition administration and the improvement of systems, the Minister of the Interior and Safety may verify, check, and assess the current status of improvement and operation of civil petitions at an administrative agency, and notify the relevant head of the administrative agency of the results. <Amended on Jul. 26, 2017; Jan. 11, 2022> |
| (2) | Upon receipt of the notification of the results of verification, check, and assessment under paragraph (1), the head of an administrative agency shall disclose the results on the website of the relevant administrative agency. <Newly Inserted on Jan. 11, 2022> |
| (3) | Where the Minister of the Interior and Safety deems, based on the results of verification, check, and assessment under paragraph (1), that an administrative agency acts passively in improving civil petitions or the implementation status is unsatisfactory, the Minister may recommend that the Prime Minister take measures necessary for the correction thereof. <Amended on Jul. 26, 2017; Jan. 11, 2022> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the disclosure of the results of the verification, check, and assessment shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 11, 2022> |
| Article 43 (Cooperation of Administrative Agency) |
The head of an administrative agency shall actively cooperate in the collection of data relevant to civil petitions and civil petition system improvement projects conducted by the Minister of the Interior and Safety under this Act. <Amended on Jul. 26, 2017>
| Article 44 (Gathering Public Opinion on Civil Petition Administration) |
| (1) | Where necessary for administrative agencies' treatment of civil petitions, the Minister of the Interior and Safety may gather public opinion and reflect such public opinion in improving the civil petition administrative system and the operation thereof. <Amended on Jul. 26, 2017> |
| (2) | Matters necessary for gathering public opinion under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 45 Deleted. <Jan. 11, 2022> |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 46 (Entrustment of Authority) |
Part of the authority of the Minister of the Interior and Safety under this Act may be entrusted to the Anti-Corruption and Civil Rights Commission, as prescribed by Presidential Decree.
[This Article Newly Inserted on Jan. 11, 2022]
ADDENDA <Act No. 13459, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability Concerning Formal Objection Against Rejection)
The amended provisions of Article 35 (1) shall begin to apply, from the first refusal disposition taken by the head of an administrative agency after this Act enters into force. Article 3 (Transitional Measures Concerning Civil Petition Coordination Committee and Civil Petition System Improvement And Coordination Committee)
The civil petition coordination committee and the civil petition system improvement and coordination committee, which had been organized and operated as at the time this Act enters into force, shall be deemed the civil petition coordination committee and the civil petition system improvement and coordination committee prescribed by this Act.
Article 4 Omitted.
Article 5 (Relationship with Other Acts)
Any citation of the former Civil Petitions Treatment Act or any provisions thereof by any Acts in force as at the time this Act enters into force, shall be deemed a citation of this Act or the relevant provision of this Act, in lieu of the former provision, if any corresponding provision exist herein.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 17515, Oct. 20, 2020>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 18742, Jan. 11, 2022>
This Act shall enter into force six months after the date of its promulgation.
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. (Proviso Omitted.)
Articles 2 through 7 Omitted.