Law Viewer

Back Home

ENFORCEMENT DECREE OF THE PETITION ACT

Presidential Decree No. 32234, Dec. 21, 2021

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Petition Act and matters necessary for the enforcement thereof.
 Article 2 (Scope of Application)
This Decree shall apply to petitions submitted to the following institutions, etc. (hereinafter referred to as "petition-accepting institution") among the institutions set forth in the subparagraphs of Article 4 of the Petition Act (hereinafter referred to as the "Act"):
1. Central administrative agencies (including organizations under the control of the President and organizations under the control of the Prime Minister) and institutions affiliated thereto under subparagraph 1 of Article 4 of the Act;
2. Local governments and institutions affiliated thereto under subparagraph 2 of Article 4 of the Act;
3. Corporations, organizations, institutions, or individuals under subparagraph 3 of Article 4 of the Act.
 Article 3 (Establishment and Operation of Petition Deliberative Councils)
(1) A petition deliberative council under Article 8 of the Act (hereinafter referred to as "petition deliberative council") shall be comprised of not less than five but not more than seven members, including one chairperson.
(2) The chairperson shall be nominated by the head of a petition deliberative council from among the members.
(3) The members of a petition deliberative council shall be the following persons, and the number of members prescribed in subparagraph 2 shall be at least 1/2 of the total number of members:
1. A person nominated by the head of a petition-accepting institution from among public officials or executive officers and employees of the petition-accepting institution;
2. A person commissioned by the head of a petition-accepting institution, from among those with extensive knowledge of and experience in the field of affairs under the jurisdiction of the petition-accepting institution.
(4) Each member referred to in paragraph (3) 2 shall hold office for a term of two years and may be reappointed for only one further term.
(5) Where the chairperson of a petition deliberative council is unable to perform his or her duties due to any unavoidable reason, a member designated by the chairperson in advance shall act on behalf of the chairperson.
(6) A petition deliberative council shall have one administrative secretary to conduct its duties, and the administrative secretary shall be appointed by the head of a petition-accepting institution, from among public officials or executive officers and employees of the petition-accepting institution.
(7) A majority of the members of a petition deliberative council shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(8) Allowances may be paid and travel expenses may be reimbursed to members who attend meetings of a petition deliberative council, within the budget: Provided, That the same shall not apply where a member who is a public official attends its meetings or reviews an agenda item in direct connection with his or her duties.
(9) Except as provided in paragraphs (1) through (8), matters necessary for establishing and operating a petition deliberative council shall be prescribed by Presidential Decree.
 Article 4 (Exclusion of, Challenge to, or Recusal of Members)
(1) Any member of a petition deliberative council who falls under any of the following shall be excluded from deliberation by the petition deliberative council:
1. Where the member or his or her current or former spouse becomes a party (where a party is a corporation, including an executive officer thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) to the relevant agenda item or is related thereto as a joint holder of any right or liability;
2. Where the member is or was a relative of a party to the relevant agenda item;
3. Where the member has given any testimony, statement, advice, or conducted any research, service, appraisal, etc. with respect to the relevant agenda item;
4. Where the member, or the corporation to which the member belongs, is or was an agent of a party to the relevant agenda item.
(2) If the circumstances indicate that it would be difficult for a party to the agenda item at issue to expect fair deliberations from a member of a petition deliberative council, the party may file a request to challenge the member with the petition deliberative council; and the petition deliberative council shall determine whether to accept the request by resolution. In such cases, the member to whom the challenge has been made shall not participate in the resolution.
(3) Where a member of a petition deliberative council falls under any ground for exclusion prescribed in the subparagraphs of paragraph (1), he or she shall inform the petition deliberative council of such fact and recuse himself or herself from the deliberation on the relevant agenda item.
(4) Where a member of a petition deliberative council fails to file an application for recusal even though he or she falls under any ground for exclusion prescribed in the subparagraphs of paragraph (1), the head of a petition-accepting institution may dismiss the relevant member.
 Article 5 (Identity Verification Methods for Petitions Submitted in Electronic Form)
The identity of a person who submits a petition in an electronic form pursuant to Article 9 (1) of the Act shall be verified in accordance with Article 10 of the Electronic Government Act pursuant to Article 9 (2) of the Act.
 Article 6 (Establishment and Operation of Online Petition Systems)
(1) The Minister of the Interior and Safety shall ensure that the following matters are processed or managed through the online petition system referred to in Article 10 (1) of the Act (hereinafter referred to as "online petition system"):
1. Submitting written petitions under Article 11 (1) of the Act;
2. Accepting written petitions under Article 12 (1) of the Act;
3. Notifying the results of decisions on whether to disclose open petitions defined in Article 11 (2) of the Act (hereinafter referred to as "open petition") under Article 13 (1) of the Act;
4. Hearing the opinions of citizens regarding open petitions under Article 13 (2) of the Act;
5. Notifying the acceptance and processing status of petitions under the former part of Article 14 (1) of the Act;
6. Disclosing the acceptance and processing status of open petitions under the latter part of Article 14 (1) of the Act;
7. Requesting the supplementation of written petitions and transfer thereof under Article 15 of the Act;
8. Notifying the petition processing results under the former part of Article 21 (2) of the Act;
9. Disclosing the results of processing open petitions under the latter part of Article 21 (2) of the Act;
10. Notifying the grounds for extending a petition processing period and the expected processing period under the latter part of Article 21 (3) of the Act;
11. Raising objections under Article 22 (1) of the Act and notifying whether objections are upheld under paragraph (2) of that Article;
12. Other matters necessary for accepting, processing, and managing petitions.
(2) The head of a petition-accepting institution shall enter a written petition received in the online petition system and shall manage the processing process, results, etc. of the petition through the online petition system.
 Article 7 (Methods of Submitting Written Petitions)
Written petitions under Article 11 (1) of the Act shall be submitted to a petition-accepting institution in person, by mail or facsimile, or through the online petition system.
[Enforcement Date: Dec. 23, 2022] Article 7 (limited to the part concerning the online petition system)
 Article 8 (Acceptance of Petitions)
When the head of a petition-accepting institution accepts a written petition pursuant to Article 12 (1) of the Act, he or she shall record the details thereof in the petition processing register, and issue a receipt to the relevant petitioner (referring to the representative in cases of a joint petition under Article 11 (3) of the Act; hereafter the same apply in this Article, Articles 12, 15 (2), 16, 17 (3), and 18): Provided, That where a petitioner submits a written petition without paying a visit in person, the head of a petition-accepting institution shall notify the petitioner of the acceptance in lieu of issuing a receipt.
 Article 9 (Decisions on Whether to Disclose Open Petitions)
The head of a petition-accepting institution in receipt of an open petition shall decide to disclose the petition pursuant to Article 13 (1) of the Act, except in any of the following cases:
1. Where any content the disclosure, publication, or distribution of which is restricted under other statutes or regulations are included in the matters petitioned;
2. Where the petition deliberative council deems it inappropriate to disclose the matters petitioned on grounds such as that disclosure of such matters would substantially interfere with the fair handling of the petition.
 Article 10 (Gathering Opinions from Citizens regarding Open Petitions)
(1) Where the head of a petition-accepting institution decides to disclose an open petition pursuant to Article 9, he or she shall publish the following matters on the online petition system to hear citizens' opinions on the matters petitioned pursuant to Article 13 (2) of the Act:
1. Contents of the petition;
2. The period for submitting opinions;
3. Methods of submitting opinions;
4. Other matters necessary for gathering opinions from citizens regarding open petitions.
(2) The head of a petition-accepting institution shall compile opinions submitted pursuant to paragraph (1) and submit them to the petition deliberative council.
 Article 11 (Notification of Acceptance and Processing Status of Petitions)
(1) The following notification concerning the acceptance and processing status of a petition under the former part of Article 14 (1) of the Act shall be made by mail or other means: Provided, That notification under subparagraphs 2, 6, and 8 may be made by such means as calling or text messaging to a phone or mobile phone by using the information entered in the written petition:
1. Giving a notice under the latter part, with the exception of the subparagraphs, of Article 6 of the Act;
2. Notifying a decision on whether to disclose an open petition under Article 13 (1) of the Act;
3. Notifying the transfer of a written petition under Article 15 (2) of the Act;
4. Notifying the rejection, closure, or transfer of repetitive petitions or double petitions under Article 16 of the Act;
5. Notifying the grounds for extending a petition processing period and the expected processing period under the latter part of Article 21 (3) of the Act;
6. Notifying the acceptance of a petition under the proviso of Article 8;
7. Notifying the petition processing results under Article 16;
8. Notifying the receipt of an objection under the proviso of Article 17 (3);
9. Notifying whether an objection is upheld under Article 18.
(2) The head of a petition-accepting institution may give a notice under paragraph (1) through the online petition system: Provided, That this shall not apply where a petitioner does not consent.
(3) The head of a petition-accepting institution shall disclose the matters required to be notified under paragraph (1) regarding an open petition through the online petition system under the latter part of Article 14 (1) of the Act.
 Article 12 (Request for Supplementation of Written Petitions)
(1) Where the head of a petition-accepting institution requests a petitioner to supplement a written petition pursuant to Article 15 (1) of the Act, such request shall be made in writing or orally: Provided, That, where a petitioner so requests, a request for supplementation shall be made in writing.
(2) Where a petitioner in receipt of a request for supplementation under paragraph (1) requests an extension of the supplementation period on the grounds of inability to supplement the petition within the requested period while specifying the period necessary for supplementation, the head of a petition-accepting institution shall, after considering it, set the supplementation period again.
 Article 13 (Transfer of Written Petitions)
(1) Where some of the matters petitioned are under jurisdiction of another agency, the head of the petition-accepting institution shall duplicate the written petition and send the copy to the relevant agency when transferring it pursuant to Article 15 (2) of the Act.
(2) The Minister of the Interior and Safety may designate a competent petition-accepting institution and recommend it to accept a written petition where it is repeatedly transferred on grounds such as that it is unclear which agency would be the competent petition-accepting institution.
(3) The period required for transferring a written petition pursuant to Article 15 (2) of the Act shall not be included in the petition processing period.
 Article 14 (Return of Written Petitions Following Withdrawal of Petitions)
Where a petitioner who has withdrawn a petition pursuant to Article 17 of the Act requests the return of the written petition, the head of the petition-accepting agency shall return it without delay.
 Article 15 (Matters Not Requiring Deliberation by Petition Deliberative Council)
(1) The head of a petition-accepting institution may process a petition without going through deliberation by the petition deliberative council under the proviso of Article 21 (1) of the Act where the matters petitioned fall under any of the following cases:
1. Where it is clearly deemed reasonable to process a petition in accordance with the purport of the petition;
2. Where the processing of the relevant petition leaves no room for discretion by the petition-accepting institution;
3. Where the requirements for processing the relevant petition are specifically stipulated in statutes or regulations, leaving no room for interpretation.
(2) Where the head of a petition-accepting institution has processed a petition without going through deliberation by the petition deliberative council pursuant to the proviso of Article 21 (1) of the Act, he or she shall notify the petitioner of such fact when notifying petition processing results under the former part of paragraph (2) of that Article.
 Article 16 (Notification of Petition Processing Results)
Upon completing the processing of a petition accepted, the head of a petition-accepting institution shall notify the petitioner in writing (including electronic documents) of the petition processing results and grounds therefor under the former part of Article 21 (2) of the Act.
 Article 17 (Procedures and Methods for Raising Objections)
(1) A petitioner who intends to raise an objection pursuant to Article 22 (1) of the Act shall submit to the head of a petition-accepting institution a written objection clearly stating the purport of and grounds for raising the objection, accompanied by necessary data.
(2) A written objection referred to in paragraph (1) may be submitted to the petition-accepting institution in person, by mail or facsimile, or through the online petition system.
(3) When the head of a petition-accepting institution receives a written objection pursuant to paragraph (1), he or she shall issue a receipt to the petitioner: Provided, That where a petitioner has submitted a written objection without paying a visit in person, he or she shall notify the petitioner of the acceptance in lieu of issuing a receipt.
[Enforcement Date: Dec. 23, 2022] Article 17 (2) (limited to the part regarding the online petition system)
 Article 18 (Notification of Petition Processing Results)
When the head of a petition-accepting institution determines whether to uphold an objection, he or she shall notify the petitioner of the results thereof and the grounds therefor in writing (including electronic documents) pursuant to Article 22 (2) of the Act.
 Article 19 (Utilization of Petition-Related Information)
The Minister of the Interior and Safety may analyze, process, and utilize the information (excluding personal information) managed by the online petition system in order to promote petitions and improve the petition system pursuant to Article 23 (1) and (2) of the Act.
ADDENDUM <Presidential Decree No. 32234, Dec. 21, 2021>
This Decree shall enter into force on December 23, 2021: Provided, That Articles 5, 6, 7 (limited to the part concerning the online petition system), 9, 10, 11 (2), and (3), 17 (2) (limited to the part concerning the online petition system), and 19 shall enter into force on December 23, 2022.