REGULATIONS ON MANAGEMENT OF LEGISLATIVE AFFAIRS
Wholly Amended by Presidential Decree No. 15602, Dec. 31, 1997
Amended by Presidential Decree No. 16592, Oct. 30, 1999
Presidential Decree No. 18218, Jan. 9, 2004
Presidential Decree No. 18493, Jul. 29, 2004
Presidential Decree No. 18864, jun. 13, 2005
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19867, Feb. 2, 2007
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21239, Dec. 31, 2008
Presidential Decree No. 21533, jun. 9, 2009
Presidential Decree No. 21970, Dec. 31, 2009
Presidential Decree No. 22427, Oct. 5, 2010
Presidential Decree No. 23266, Oct. 27, 2011
Presidential Decree No. 24326, Jan. 22, 2013
Presidential Decree No. 24421, Mar. 23, 2013
Presidential Decree No. 24792, Oct. 10, 2013
Presidential Decree No. 25748, Nov. 19, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26599, Oct. 20, 2015
Presidential Decree No. 28042, May 8, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28521, Dec. 29, 2017
Presidential Decree No. 29127, Aug. 28, 2018
Presidential Decree No. 29609, Mar. 12, 2019
Presidential Decree No. 30045, Aug. 13, 2019
Presidential Decree No. 31167, Nov. 17, 2020
Presidential Decree No. 31378, Jan. 5, 2021
Presidential Decree No. 32171, Dec. 1, 2021
Presidential Decree No. 32223, Dec. 16, 2021
Presidential Decree No. 33605, jun. 27, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to implement State policies efficiently by increasing people's opportunities to participate in the legislative process and enhancing the effectiveness of statutes or regulations, and further to contribute to maximizing the rights and interest of the people, by prescribing matters necessary for the legislative activities of the Government, such as the enactment, amendment, and repeal of statutes or regulations, and other legislative affairs of the Government and also by prescribing matters mandated under Articles 38 through 40 of the Framework Act on Administration and matters necessary the enforcement thereof. <Amended on Dec. 1, 2021> [This Article Wholly Amended on Oct. 5, 2010]
The term "statutes or regulations" in this Decree means any Act, Presidential Decree, Ordinance of the Prime Minister, and Ministerial Ordinance.
[This Article Wholly Amended on Oct. 5, 2010]
| Article 3 (Standards for Legislative Activities) |
| (1) | All legislative activities shall be performed in accordance with the procedures prescribed by the Constitution and statutes or regulations, and promoted responsibly through sufficient consultation among government agencies related to legislation. <Amended on Aug. 13, 2019> |
| (2) | In order to promote the constitutionality, legality, uniformity, etc. of statutes or regulations, the Minister of Government Legislation shall formulate general standards applicable to the drafting and examination of statutes or regulations, and supplement and develop the standards. <Newly Inserted on Aug. 13, 2019> |
[This Article Wholly Amended on Oct. 5, 2010]
CHAPTER II FORMULATION AND IMPLEMENTATION OF GOVERNMENT'S LEGISLATIVE PLANS
| Article 4 (Overall Control and Coordination of Government's Legislative Plans) |
The Minister of Government Legislation shall exercise overall control of and coordinate legislative plans for Government Bills under Article 38 (3) of the Framework Act on Administration (hereinafter referred to as "Government's legislative plans"). <Amended on Dec. 1, 2021> [Title Amended on Dec. 1, 2021]
| Article 5 (Formulation of Legislative Plans by Ministries and Agencies) |
| (1) | Each year, the Minister of Government Legislation shall prepare the guidelines for formulating the legislative plans for Government Bill of each central administrative agency to be facilitated in the relevant year, time for submission thereof, other matters requiring cooperation, etc., and notify the head of the relevant central administrative agency thereof by not later than October 31 of the previous year. |
| (2) | The head of a central administrative agency that intends to propose a Government Bill (hereinafter referred to as the "head of an agency proposing a Government Bill") shall formulate annual legislative plans necessary for the implementation of a major project plan, etc. of the relevant year in accordance with the details notified under paragraph (1). |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 6 (Details of Legislative Plans of Ministries and Agencies) |
| (1) | A legislative plan referred to in Article 5 (2) shall include an explanation of the necessity for the legislation, gist of its contents, schedule of the legislation, anticipated problems due to the legislation, etc. by Government Bill. |
| (2) | An explanation of the necessity for the legislation referred to in paragraph (1) shall state the actual status of operating the former system; background of promoting the legislation; effect resulting from the legislation; and, if any, opinions of related organizations, etc. on the legislation. |
| (3) | Schedule of the legislation referred to in paragraph (1) shall include timing for the preparation of a Bill; a plan for consultation with related agencies; pre-announcement of the legislation; a plan for holding hearings, if any; time for submitting it to the Ministry of Government Legislation; time for submitting it to the National Assembly; and expected date of the enforcement thereof. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 7 (Matters Requiring Attention when Formulating Legislative Plans of Ministries and Agencies) |
| (1) | When formulating a legislative plan, the head of an agency proposing a Government Bill shall ensure sufficient time for the consultation with related ministries and agencies, and provide the Ministry of Government Legislation and the National Assembly with sufficient time to deliberate on the legislation. |
| (2) | Attention shall be paid so that Bills can be proposed to the National Assembly evenly throughout a year and that any Bills that create budgets can be deliberated on during a regular session of the National Assembly while other Bills can be deliberated on during a provisional session of the National Assembly. <Amended on Nov. 19, 2014> |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 8 (Formulation of Legislative Plans by Government) |
| (1) | The head of an agency proposing a Government Bill shall submit a legislative plan formulated under Article 5 to the Minister of Government Legislation by not later than November 30 of the previous year. In such cases, the head of an agency affiliated to the relevant Ministry shall submit it through the head of such Ministry. |
| (2) | Upon receipt of legislative plans submitted under paragraph (1), the Minister of Government Legislation shall formulate, without delay, a Government's legislative plan by incorporating them; and where necessary for the efficient implementation of Government legislation, the Minister may amend the schedule of legislation or coordinate overlapping or conflicting matters in the legislative plans submitted under paragraph (1), after consulting with the head of an agency proposing the relevant Government Bill. <Amended on Dec. 1, 2021> |
| (3) | After reporting the Government's legislative plan formulated under paragraph (2) to the State Council, the Minister of Government Legislation shall issue public notice of the details thereof through the Official Gazette and post them on the Internet website. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 9 (Implementation and Revision of Government's Legislative Plans) |
| (1) | The head of an agency proposing a Government Bill shall propose a Bill in accordance with the Government's legislative plan. |
| (2) | In any of the following cases, the head of an agency proposing a Government Bill shall request the Minister of Government Legislation to revise the Government's legislative plan. In such cases, the latter part of Article 8 (1) shall apply mutatis mutandis: |
| 1. | Where any ground arises to withdraw the legislation of a Bill included in the Government's legislative plan; |
| 2. | Where any ground arises to facilitate the legislation of a Bill not included in the Government's legislative plan; |
| 3. | Where any ground arises to submit a Bill included in the Government's legislative plan not to a provisional session of the National Assembly but to a regular session of the National Assembly. |
| (3) | Upon receipt of a request for the revision of the Government's legislative plan pursuant to paragraph (2), the Minister of Government Legislation shall without delay review such request and revise the Government's legislative plan and shall notify the result thereof to the head of the relevant agency. In such cases, where necessary for the efficient implementation of Government legislation, the Minister may amend the schedule of legislation or coordinate overlapping or conflicting matters in the legislative plan subject to the request for revision, after consulting with the head of an agency proposing the relevant Government Bill. <Amended on Dec. 1, 2021> |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 10 (Reports on Status of Government Legislation to the State Council) |
| (1) | Where necessary to facilitate advancement of the Government's legislative plan, or where the Government's legislative plan is revised under Article 9 (3), the Minister of Government Legislation may report the details of the revised Government's legislative plan or the status of Government legislation to the State Council. |
| (2) | Upon reporting the revised Government's legislative plan to the State Council pursuant to paragraph (1), the Minister of Government Legislation shall issue public notice of the details thereof through the Official Gazette and post them on the Internet website. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 10-2 (Mid- and Long-Term Legislative Plans) |
Where deemed necessary to enhance mid- and long-term predictability of national policies, the Minister of Government Legislation may formulate and implement mid- and long-term legislative plans following consultation with the heads of agencies proposing a Government Bill.
[This Article Wholly Amended on Oct. 5, 2010]
CHAPTER III COOPERATION IN LEGISLATIVE PROCESS
| Article 11 (Cooperation between Agencies in Government Legislative Process) |
| (1) | The head of an agency proposing a Government Bill shall consult with the heads of related agencies (including the heads of agencies subject to consultation based on statutes or regulations) from the early stage of drafting a Government Bill; and upon drafting the Government Bill, he or she shall submit the details of the relevant Government Bill to the heads of related agencies (including the heads of agencies subject to consultation based on statutes or regulations; and in a Government Bill affecting local governments, which falls under any of the following cases, including a consultative council of heads of local governments, etc. established under Article 182 of the Local Autonomy Act or the heads of the related local governments; hereafter in this Article, the same shall apply) to consider their opinions: <Amended on Oct. 10, 2013; Dec. 29, 2017; Dec. 16, 2021> |
| 1. | Where a Bill prescribes the organization, personnel management, finance, etc. of a local government; |
| 2. | Where a Bill prescribes that a local government or the head of the local government shall be granted a specific right or imposed duties on; |
| 3. | Where a Bill prescribes that particular matters shall be delegated to be determined by ordinance or rule of a local government; |
| 4. | Where a Bill prescribes that the affairs of the State shall be delegated to and be managed by a local government; |
| 5. | Other Government Bills affecting the administration, finance, etc. of a local government, which are prescribed by Ordinance of the Prime Minister, as deemed necessary to conduct consultation on them. |
| (2) | Where any of the following grounds arises in relation to the Government Bill which has undergone consultation with the heads of related agencies under paragraph (1), the head of the agency proposing such Government Bill shall submit again the details of the Bill to the heads of related agencies to consider their opinions: <Amended on Jan. 22, 2013> |
| 1. | Where any content directly involving the rights and obligations of the people or people's lives is added; |
| 2. | Other cases where it is necessary to consult again with the heads of related agencies due to a change of the purport, an important matter, etc. of the Government Bill. |
| (3) | When the head of an agency proposing a Government Bill drafts a Bill for an Act or Decree that imposes a financial burden, he or she shall prepare a statement on estimated financial expenses to be incurred due to the enforcement of the relevant Government Bill, as prescribed by Ordinance of the Prime Minister, and append it to the Bill proposed to the State Council. |
| (4) | A period for providing opinions on a Government Bill under paragraphs (1) and (2) shall be at least 10 days: Provided, That where a period for providing opinions is fixed at less than 10 days in extenuating circumstances, such as the occurrence of a ground which compels urgently facilitating legislation, it may be shortened following consultation with the Minister of Government Legislation. |
| (5) | The head of an agency proposing a Government Bill and the Minister of Government Legislation shall ensure that consultation on Government legislation, coordination of opinions, and cooperation among Government agencies can be conducted efficiently throughout the legislative process, including the drafting, examination, and promulgation of Bills. |
| (6) | When the head of an agency proposing a Government Bill requests any of the following assessment or consultation, he or she shall send the relevant Bill to the head of a related agency pursuant to paragraphs (1) and (2) through the legislative information system under Article 30 (1) (hereinafter referred to as "legislative information system"); in such cases, the Personal Information Protection Commission, the Anti-Corruption and Civil Rights Commission, the Minister of Gender Equality and Family, the Minister of the Interior and Safety, and the Commissioner of the Statistics Korea shall notify the results of the assessment or consultation to the head before the end of the period for pre-announcement of legislation (including the period for a second pre-announcement of legislation, in cases of making a second pre-announcement of legislation under Article 41 (4) of the Administrative Procedures Act) through the legislative information system except in extenuating circumstances: <Amended on Jan. 22, 2013; Oct. 10, 2013; May 8, 2017; Mar. 12, 2019; Dec. 1, 2021; Dec. 16, 2021> |
[This Article Wholly Amended on Oct. 5, 2010]
[Title Amended on Nov. 19, 2014]
| Article 11-2 (Cooperation between Agencies during Legislative Process of Related Statutes or Regulations) |
| (1) | Where any of the following matters is included in a Government Bill, the head of an agency proposing the Government Bill shall consult with the head of a related agency on the necessity for the concurrent amendments of statutes or regulations under the jurisdiction of the related agency: |
| 1. | Amendments of the same or similar provisions as those prescribed in other statutes or regulations, which therefore require the concurrent amendments of statutes or regulations under the jurisdiction of the related agency; |
| 2. | Other matters which require the concurrent amendments of statutes or regulations under the jurisdiction of the related agency due to the modification of provisions, terms, details, etc. of the relevant Government Bill. |
| (2) | The head of an agency proposing a Government Bill and the head of a related agency shall prepare an action plan to amend statutes or regulations under the jurisdiction of the related agency which require the concurrent amendments as a result of consultation under paragraph (1) (hereinafter referred to as "related statutes or regulations"), including the methods and schedule of implementation of the amendments to the related statutes or regulations. |
| (3) | Where a Government Bill proposed by the head of an agency proposing a Government Bill includes any of the matters specified in the subparagraphs of paragraph (1) but no consultation under paragraph (1) is conducted in the absence of special circumstances, the Minister of Government Legislation may request the head of the agency proposing a Government Bill and the head of the related agency to conduct consultation under paragraph (1). |
| (4) | Where the head of an agency proposing a Government Bill, the head of a related agency, and the Minister of Government Legislation intends to make the concurrent amendments of related statutes or regulations to secure the unity, consistency, equity, etc. of legislative policies, they shall ensure efficient cooperation throughout the whole legislative procedures, such as the drafting of a Government Bill, consultation with related agencies, pre-announcement of legislation, assessment, consultation, and examination of regulations under Article 11 (6), and examination of Government Bills. |
[This Article Newly Inserted on Jan 5, 2021]
[Previous Article 11-2 moved to Article 11-3 <Jan. 5, 2021>]
| Article 11-3 (Cooperation between Government Agencies on Bills Proposed by Members of the National Assembly) |
| (1) | When a Bill proposed by a member(s) of the National Assembly (hereinafter referred to as "member's Bill") is submitted to the competent Standing Committee of the National Assembly, etc., the Minister of Government Legislation shall give notice thereof to the head of a central administrative agency having jurisdiction over the relevant member's Bill (hereinafter referred to as "agency having jurisdiction over a member's Bill") and the heads of related agencies (including the heads agencies subject to consultation based on statutes or regulations; hereinafter the same shall apply). |
| (2) | Upon receipt of a notice given under paragraph (1), the head of an agency having jurisdiction over the relevant member's Bill shall seek opinions from the heads of related agencies for a fixed period of at least 10 days, in cases prescribed by Ordinance of the Prime Minister as requiring Ministerial cooperation in connection with the budget, organization, regulation, etc.: Provided, That the timing of seeking opinion may be changed, if necessary, in consideration of the deliberation schedule of the National Assembly; and opinions may be sought for a fixed period of less than 10 days where any good cause exists, such as where it is impracticable to specify a period of at least 10 days due to the deliberation schedule of the National Assembly. <Amended on May 8, 2017; Jan. 5, 2021> |
| (3) | For the correlation of opinions inside the Government on a member's Bill notified under paragraph (1), or facilitation of legislation of such Bill, the head of a related agency may take necessary measures, such as presenting his or her opinions to the head of an agency having jurisdiction over the member's Bill. In such cases, the head of the agency having jurisdiction over the member's Bill shall review the opinions presented by the head of the related agency and reply with the results within 15 days from the date of receiving such opinions; and if it is impracticable to reply within 15 days, he or she shall notify the reason and the deadline for reply. <Amended on Aug. 28, 2018; Aug. 13, 2019> |
| (4) | Where it is necessary to gather consensus from Government agencies to facilitate implementation of policies, the head of an agency having jurisdiction over the member's Bill shall proactively cooperate in the deliberation of the National Assembly on the relevant member's Bill after promptly undergoing consultation with the Governmental Legislative Policy Council established under Article 12-2 or coordination by a related coordination authority, such as the Office for Government Policy Coordination. |
| (5) | Where it is necessary to solve legal problems to facilitate the legislation of a member's Bill, the Minister of Government Legislation shall notify the head of the agency having jurisdiction over the member's Bill, and shall provide legislative support if requested by the head of the relevant agency. |
[This Article Newly Inserted on Nov. 19, 2014]
[Moved from Article 11-2; previous Article 11-3 moved to Article 11-4 <Jan. 5, 2021>]
| Article 11-4 (Resolution of Conflicting Opinions among Agencies regarding Government Bills) |
| (1) | Where any legislation is delayed due to conflicting legal opinions in the Government legislative process referred to in Article 11 (1) or (2); or where necessary to gather consensus on a member's Bill from Government agencies, the head of an agency proposing a Government Bill, the head of an agency having jurisdiction over a member's Bill, or the head of a related agency may request the Minister of Government Legislation to refer the case to the Governmental Legislative Policy Council established under Article 12-2 for deliberation. <Amended on Dec. 31, 2009; Oct. 10, 2013; Nov. 19, 2014> |
| (2) | The Minister of Government Legislation shall notify, without delay, any case impracticable for the Governmental Legislative Policy Council to deliberate on, among the cases referred to in paragraph (1) to the related coordination authority, such as the Minister of the Office for Government Policy Coordination, and request it to coordinate such case. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 9, 2009]
[Moved from Article 11-3 <Jan. 5, 2021>]
| Article 12 (Cooperation with the National Assembly in Process of Deliberation of Bills) |
| (1) | The head of an agency proposing a Government Bill, the head of an agency having jurisdiction over a member's Bill, and the Minister of Government Legislation shall endeavor to have the governmental legislative policies implemented consistently by ascertaining the deliberation process thereof and cooperating with each other during the process of deliberation by the National Assembly. <Amended on Nov. 19, 2014; Jan. 5, 2021> |
| (2) | The head of an agency proposing a Government Bill and the head of an agency having jurisdiction over a member's Bill shall proactively cooperate in the deliberation by the National Assembly on the Bill, such as the provision of related data necessary for the sufficient examination and efficient legislation of the Bill being deliberated upon by the National Assembly. <Amended on Nov. 19, 2014; Jan. 5, 2021> |
| (3) | Where a Bill is amended, revised, or repealed, or an alternative Bill is proposed, in the process of deliberation by the National Assembly, the head of an agency proposing the Government Bill and the head of an agency having jurisdiction over the member's Bill shall, without delay, notify the heads of related agencies and the Minister of Government Legislation thereof and promptly consult with them to prepare necessary measures. <Amended on Nov. 19, 2014; May 8, 2017; Jan. 5, 2021> |
| (4) | The Minister of Government Legislation shall collect opinions from an agency having jurisdiction over a member's Bill and related agencies; and if there are any conflicting opinions, the Minister shall endeavor to resolve them. <Amended on Jan. 5, 2021> |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 12-2 (Governmental Legislative Policy Council and Working Committee) |
| (1) | There shall be established a Governmental Legislative Policy Council (hereinafter referred to as the "Council") under the jurisdiction of the Ministry of Government Legislation to resolve the conflicting opinions among related agencies, regarding Government Bills under Article 11-4 and to consistently implement the Governmental legislative policy in the National Assembly's deliberative process referred to in Article 12. <Amended on Nov. 19, 2014; Jan. 5, 2021> |
| (2) | The Council shall consult on the following matters: |
| 1. | Matters for which opinions differ between the head of an agency proposing a Government Bill and the head of a related agency due to conflicts on statutory interpretation of the Bill during the Government's legislative process; |
| 2. | Matters concerning suggesting unified governmental opinion on a Bill being deliberated upon by the National Assembly; |
| 3. | Matters for which opinions differ between the head of the relevant central administrative agency and the head of a related agency due to conflicts on statutory interpretation of a Bill for a Presidential Directive and a Bill for a Prime Ministerial Directive during the Government's legislative process; |
| (3) | The Council shall be comprised of the following members: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 1, 2021> |
| 1. | Members in general service (including public officials in special service and in extraordinary civil service equivalent thereto; hereafter in this Article and Article 29-4, the same shall apply) who are members of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of Justice, the Ministry of the Interior and Safety, the Office for Government Policy Coordination, the Fair Trade Commission, and the Ministry of Government Legislation; |
| 2. | Public officials in general service who are members of the Senior Executive Service of an agency proposing a Government Bill, an agency having jurisdiction over a member's Bill, and a related agency. |
| (4) | The Vice Minister of the Ministry of Government Legislation shall serve as the chairperson of the Council. |
| (5) | In either of the following cases, the chairperson of the Council may convene a meeting: <Amended on May 8, 2017; Jan. 5, 2021> |
| 2. | If the chairperson of the Council acknowledges that the resolution of conflicting opinions among related agencies in the Government's legislative process, or unified governmental opinion on a member's Bill is required. |
| (6) | In order to provide efficient support to consultations on the agenda that becomes the subject matter of consultation under paragraph (2), there may be established a working committee comprised of public officials belonging to an agency proposing a Government Bill, an agency having jurisdiction over a member's Bill, related agencies, the Office for Government Policy Coordination, and the Ministry of Government Legislation. <Amended on Nov. 19, 2014; May 8, 2017> |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 13 (Notification on Legislative Bills Sent to the Government) |
| (1) | Where any legislative Bill passed by the National Assembly is sent to the Government, the Minister of Government Legislation shall notify, without delay, the heads of related agencies, and hear opinions of related Ministries concerning a request for reconsideration referred to in Article 53 (2) of the Constitution of the Republic of Korea. |
| (2) | The head of an agency proposing a Government Bill and the head of an agency having jurisdiction over a member's Bill shall request the Minister of Government Legislation to examine a legislative Bill, deemed necessary to be reconsidered, among the legislative Bills passed by the National Assembly and sent to the Government, stating the grounds therefor. <Amended on Nov. 19, 2014> |
| (3) | The Minister of Government Legislation shall examine and review whether a request for reconsideration of a legislative Bill is filed and, if any, the grounds therefor; and where necessary to seek cooperation among Ministries and to prepare measures, etc., he or she shall refer the relevant legislative Bill to the Council for deliberation. |
[This Article Wholly Amended on Oct. 5, 2010]
CHAPTER IV GATHERING OF PUBLIC CONSENSUS ON LEGISLATION
| Article 14 (Pre-Announcement of Legislation of Government Bills ) |
| (1) | The head of an agency proposing a Government Bill who intends to enact, amend, or repeal statutes or regulations shall pre-announce legislation, and the head of an agency affiliated to a Ministry shall pre-announce legislation after obtaining approval from the head of such Ministry. |
| (2) | Where the head of an agency proposing a Government Bill who intends to omit a pre-announcement of legislation under the proviso to the main clause of Article 41 (1) of the Administrative Procedures Act or to reduce the minimum period for pre-announcement of legislation of statutes or regulations prescribed in Article 43 of that Act due to any extenuating circumstances, he or she shall consult with the Minister of Government Legislation. <Amended on Oct. 27, 2011; Jan. 22, 2013> |
| 1. | Where any content directly involving the rights and obligations of the people or people's lives is added; |
| 2. | Other cases where it is necessary to gather further consensus due to a change of the purport, important matters, etc. of a Government Bill. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 15 (Methods of Pre-Announcement) |
| (1) | The head of an agency proposing a Government Bill shall pre-announce legislation in the Official Gazette or through the legislative information system and take other necessary measures to promulgate the details to be legislated, by utilizing newspapers, broadcasting, publications of interested organizations or institutions, etc. <Amended on Oct. 20, 2015; May 8, 2017; Dec. 1, 2021> |
| (2) | The head of an agency proposing a Government Bill shall notify the matters to be pre-announced to the relevant local governments or organizations deemed to have a direct interest in the Bill. <Amended on May 8, 2017> |
| (3) | The head of an agency proposing a Government Bill shall publish the following information when pre-announcing legislation: Provided, That where it is pre-announced by any other means than the legislative information system, information specified in subparagraphs 5 through 8 may be omitted: <Amended on Oct. 20, 2015; May 8, 2017> |
| 1. | Main contents of a Government Bill; |
| 2. | An institution that receives opinions submitted; |
| 3. | Period for submission of opinions; |
| 4. | Methods of submitting opinions; |
| 6. | Full text of a Government Bill (including a comparative table of current and new provisions); |
| 7. | Reference or explanatory materials on the background of legislation, such as a statement on the grounds for the enactment or amendment of a statute by each provision; |
| 8. | Other matters necessary to attain the objectives of the pre-announcement of legislation. |
| (4) | The methods of submitting opinions referred to in paragraph (3) 4 shall include the method of submitting opinions through the legislative information system. <Newly Inserted on Oct. 20, 2015; May 8, 2017> |
| (5) | Where it is necessary to pre-announce the details of a Government Bill because they contain important policies of the State or matters significantly affecting people's lives, the Minister of Government Legislation may make a pre-announcement by posting a paid announcement on the Internet website, in daily newspapers, etc. or by other means. <Amended on Oct. 20, 2015> |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 16 Deleted. <Jan. 29, 2004> |
| Article 17 (Costs for Reproducing Government Bills) |
| Article 17 (1) and (6) of the Official Information Disclosure Act shall apply mutatis mutandis to the costs incurred in reproducing Government Bills under Article 42 (5) of the Administrative Procedures Act. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 18 (Processing of Opinions Submitted) |
| (1) | The head of an agency proposing a Government Bill shall examine the opinions submitted upon the pre-announcement of legislation (including opinions submitted in electronic form or using the legislative information system); determine whether they are reflected in the Government Bill; and notify the result of processing them, grounds therefor, etc. without delay to the persons who have submitted their opinions. <Amended on May 8, 2017> |
| (2) | The head of an agency proposing a Government Bill shall append the result of processing the important matters among the opinions submitted upon the pre-announcement of legislation to the Bill to be proposed to the State Council in cases of a Bill for an Act or Presidential Decree, or submit them to the Minister of Government Legislation in cases of a Bill for Prime Ordinance of the Prime Minister or Ordinance of Ministry Ordinance. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 19 (Recommendation to Reflect Opinions Submitted) |
In examining a Government Bill, the Minister of Government Legislation shall review the opinions submitted upon pre-announcement, and if any opinions concerning the juridical matters or legislative system are deemed worth reflecting in the legislation among the opinions not reflected in the Government Bill by the head of an agency proposing a Government Bill, the Minister may recommend such opinions to be reflected.
[This Article Wholly Amended on Aug. 28, 2018]
| Article 19-2 Deleted. <May 8, 2017> |
| Article 20 (Pre-Announcement of Local Government Bills) |
| (1) | In pre-announcing a local government Bill, the head of the relevant local government shall take necessary measures to promulgate the details to be legislated, by utilizing newspapers, the Internet, broadcasting, and publications of related organizations and institutions, in addition to official bulletins. <Amended on Oct. 20, 2015> |
| (2) | In pre-announcing a local government Bill, the head of the relevant local government shall specify important matters of the Bill, an institution that receives opinions submitted, a period for submitting opinions, the address of its Internet website, etc., and post the full text to be pre-announced (including a comparative table of current and new provisions) on its Internet website. <Newly Inserted on Oct. 20, 2015> |
| (3) | Article 18 (1) shall apply mutatis mutandis to the processing of opinions submitted upon pre-announcement of local government Bills, notification of the results of processing, etc. <Newly Inserted on Oct. 20, 2015> |
| (4) | Except as provided for in paragraphs (1) through (3), matters concerning the pre-announcement of local government Bills shall be prescribed by Ordinance of the relevant local government. <Newly Amended on Oct. 20, 2015> |
[This Article Wholly Amended on Oct. 5, 2010]
CHAPTER V EXAMINATION OF GOVERNMENT BILLS
| Article 21 (Request for Examination of Government Bills) |
| (1) | Each Minister or the head of an agency under the jurisdiction of the President or the Prime Minister that proposes Government Bills, shall request the Minister of Government Legislation to examine Bills after undergoing the following legislative procedures: |
| 1. | Consultation with the heads of related agencies under Article 11 (1) and (2); |
| (2) | Where a Minister or the head of an agency under the jurisdiction of the President or the Prime Minister that proposes Government Bills requests the Minister of Government Legislation to examine Bills pursuant to paragraph (1), he or she shall submit the details of the Government Bills also to the heads of related agencies without delay: Provided, That he or she need not submit the details of the Government Bills to the heads of related agencies if the details of the Government Bills to be examined by the Minister of Government Legislation are the same as the details of the Government Bill submitted to the heads of the related agencies under Article 11 (1) or (2). |
| (3) | The Minister of Foreign Affairs shall request the Minister of Government Legislation to examine a treaty Bill before finalizing the details thereof, after consulting thereon with the heads of related agencies. <Amended on Mar. 23, 2013> |
| (4) | Where a request for the examination of any of the following Government Bills or treaty Bills is filed, the Minister of Government Legislation may return the request, specifying the grounds therefor. In such cases, he or she shall consult with the head of the agency proposing a Government Bill in cases falling under subparagraphs 3 through 5: |
| 1. | A Government Bill or treaty Bill not having undergone consultation with the head of a related agency, procedures for pre-announcement of legislation, or examination of regulations under paragraph (1) and (3); |
| 2. | A Government Bill not included in the Government's legislative plan; |
| 3. | A Government Bill or treaty bill deemed unconstitutional or deemed to have obvious juridical problems; |
| 4. | A Government Bill deemed necessary to be reexamined due to the change in circumstances, such as revisions of governmental policies; |
| 5. | Other Government Bills or treaty Bills for which the legislative process is necessary to be rescheduled or which are in exceptional condition. |
| (5) | Where a Minister or the head of an agency under the jurisdiction of the President or the Prime Minister that proposes Government Bills requests the Minister of Government Legislation to examine Government Bills pursuant to paragraph (1), he or she shall use the legislative information system unless there is a compelling reason not to do so. <Amended on May 8, 2017> |
| (6) | Where the head of an agency proposing a Government Bill has to facilitate legislation urgently, he or she may request the Minister of Government Legislation to conduct a preliminary examination of a Government Bill even during the legislative process prescribed in paragraph (1). <Amended on Oct. 27, 2011> |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 22 (Timely Drafting of Subordinate Statutes or Regulations) |
| (1) | In drafting a Government Bill for an Act requiring the enactment, amendment or repeal of any Presidential Decree, Ordinance of the Prime Minister , or Ordinance of Ministry Ordinance (hereinafter referred to as "subordinate statutes or regulations") to enter into force, the head of an agency proposing a Government Bill shall fix a grace period so that the Act can enter into force after the lapse of at least six months from its promulgation, except in extenuating circumstances. |
| (2) | In drafting a Government Bill for the enactment, amendment or repeal of subordinate statutes or regulations, the head of an agency proposing a Government Bill shall implement such legislative process with sufficient preparation time not to impede the enforcement of the relevant statute, taking the following periods of time into consideration: <Amended on May 8, 2017> |
| 1. | The period for implementing the legislative process, such as ministerial consultations, pre-announcement of the legislation, examination of the Bill by the Ministry of Government Legislation, and promulgation; |
| 2. | The period for enacting, amending or repealing any ordinance or rule for the enforcement of the statute, if necessary; |
| 3. | The period for preparing for the smooth enforcement of the statute, if necessary. |
| (3) | Where necessary to enact, amend, or repeal a subordinate statute for the enforcement of the relevant Act, the head of an agency proposing a Government Bill shall request the Minister of Government Legislation to examine the relevant subordinate statute by not later than 45 days before the date the Act enters into force, unless there is a compelling reason not to do so: Provided, That if it is necessary for the smooth enforcement of the statute, he or she shall make such request taking the specific situation into consideration. <Amended on May 8, 2017> |
| (4) | Where necessary for the timely drafting of a subordinate statute, the Minister of Government Legislation may report the status of drafting the subordinate statute to the State Council at any time. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 23 (Examination of Bills for Presidential Directives) |
| (1) | The head of a central administrative agency who intends to facilitate the issuance of a Presidential Directive or a Prime Ministerial Directive shall request the Minister of Government Legislation to examine a Bill for the relevant Directive. |
| (2) | Upon receipt of a request for examining a Bill for a Presidential Directive or a Prime Ministerial Directive under paragraph (1), the Minister of Government Legislation shall examine whether the relevant Bill contravenes any statutes or regulations, etc., and notify the head of the relevant central administrative agency of the result thereof. |
| (3) | Where the head of a central administrative agency requests the Minister of the Interior and Safety to publish a Directive, the examination result of which has been notified under paragraph (2), in the Official Gazette, he or she shall append a copy of the written result of examination, officially issued by the Minister of Government Legislation under paragraph (2). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 23-2 (Provision of Guidance for Submission of Presidential Decrees to the National Assembly and Verification thereof) |
| (1) | Upon promulgation of a Presidential Decree to be submitted to the National Assembly under Article 98-2 (1) of the National Assembly Act or completion of examination of a Bill for a Ordinance of the Prime Minister, Ministerial Ordinance, Presidential Directive, or Directive of the Prime Minister, the Minister of Government Legislation shall provide guidance to the head of the competent central administrative agency to submit it to the competent Standing Committee of the National Assembly within 10 days from the date the Presidential Decree is promulgated or the Ordinance or Directive is issued. |
| (2) | The Minister of Government Legislation may verify whether the head of a central administrative agency has submitted a Presidential Decree, Ordinance of the Prime Minister, Ordinance of Ministry, Directive, established rule, etc. to the National Assembly under Article 98-2 (1) of the National Assembly Act. |
[This Article Newly Inserted on Oct. 27, 2011]
CHAPTER VI LEGISLATIVE REFORM AND IMPROVEMENT
| Article 24 (Promotion of Legislative Reform) |
| (1) | Where any current statutes or regulations fall under any of the following cases, the Minister of Government Legislation shall take measures to examine and reform the relevant statutes or regulations: <Amended on Oct. 27, 2011; Dec. 1, 2021> |
| 1. | Where it is necessary to reform any statute to adapt to circumstances, because important provisions of the relevant statute have not been revised or supplemented for a long period since it was enacted or amended; |
| 2. | Where it is necessary to reform any statute that imposes undue burden on people's daily lives, corporate activities and commercial activities, or any unreasonable statute; |
| 3. | Where it is necessary to examine and reform any statute for the efficient implementation of important State policies to address with the changes in domestic and overseas conditions; |
| 3-2. | Where it is necessary to reform the comprehensibility of any statute; |
| 3-3. | Where it is necessary to reform any statutes or regulations, as it is determined by the competent authorities that the relevant statutes or regulations are in violation of the Constitution or any statutes; |
| 4. | Other cases where it is necessary to examine and reform any current statutes or regulations. |
| (2) | Where necessary to reform any statute under paragraph (1), the Minister of Government Legislation shall prescribe the subject matter, standards, procedures, and methods of reform, other matters requiring cooperation, etc., and notify the head of the competent central administrative agency. |
| (3) | Where the head of a central administrative agency in receipt of notification under paragraph (2) acknowledges the necessity of reforming the relevant statutes or regulations after the examination thereof, he or she shall formulate a plan for reforming such statute; notify the Minister of Government Legislation of the reform plan; and facilitate the reform thereof in accordance with the reform plan. |
| (4) | Where deemed necessary to reform en bloc statutes or regulations subject to reform notified under paragraph (3), the Minister of Government Legislation may provide support to reform en bloc the relevant statutes or regulations. <Newly Inserted on Dec. 1, 2021> |
| (5) | In order to reform statutes or regulations under paragraph (1), the Minister of Government Legislation shall hear opinions of the general public, local governments, private organizations, etc. and examine them. <Amended on Dec. 1, 2021> |
| (6) | Any one may submit his or her legislative opinion on the reform or improvement of statutes or regulations to the Minister of Government Legislation. <Amended on Dec. 1, 2021> |
| (7) | Where necessary to reform or improve statutes or regulations, etc. and to efficiently perform other legislative affairs, the Minister of Government Legislation may consult with academic circles, private organizations or other experts in the related fields. <Amended on Dec. 1, 2021> |
| (8) | Paragraphs (1) and (5) through (7) shall apply mutatis mutandis to the promotion of legislative reform by the head of a central administrative agency. In such cases, the "Minister of Government Legislation" shall be construed as the "head of a central administrative agency". <Newly Inserted on Jun. 27, 2023> |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 24-2 (Preparation of Prompt Reform System of Statutes or Regulations) |
| (1) | Where the enactment, amendment, or repeal of statutes or regulations is necessary for the improvement of the institutional matters verified by the State Council, etc. (hereinafter referred to as "institutional matters requiring improvement"), the head of a central administrative agency shall promptly reform the relevant statutes or regulations, following consultation with the heads of related agencies. |
| (2) | The head of a central administrative agency shall formulate and implement a plan for reforming statutes or regulations, stating the list of the statutes or regulations to be reformed, among the statutes or regulations requiring reform under paragraph (1), and the schedule for reform, etc. <Amended on Dec. 1, 2021> |
| (3) | The head of an administrative agency that exercises overall control of the discovery and management of institutional matters requiring improvement, such as the Office for Government Policy Coordination, shall verify and manage the performance of plans for reforming statutes or regulations formulated by the heads of central administrative agencies under paragraph (2) by quarterly and by jurisdiction; and where it is deemed necessary to improve en block institutional matters as a result thereof, he or she may request the head of a central administrative agency to reform en bloc the statutes or regulations under his or her jurisdiction and may simultaneously request the Minister of Government Legislation to provide support therefor. <Amended on Mar. 23, 2013; Dec. 1, 2021> |
| (4) | The head of each central administrative agency requested to reform en bloc the statutes or regulations under paragraph (3) shall expedite a legislative process with support from the Minister of Government Legislation. |
[This Article Newly Inserted on Oct. 27, 2011]
[Title Amended on Dec. 1, 2021]
| Article 24-3 (Securing Legitimacy of Directives and Established Rules and Registration Thereof) |
| (1) | Directives, established rules, and public notice (including regulations, rules, instructions, guidelines, notification, etc. issued in direct connection with the enforcement of statutes or regulations, regardless of the titles thereof; hereinafter referred to as "directives, established rules, etc.") of all levels of administrative agencies shall be issued, maintained, and managed legitimately and in a way suitable to circumstances. |
| (2) | Where directives, established rules, etc. are established, amended, or repealed, the head of a central administrative agency shall register them in the legislative information system pursuant to Article 4 (3) of the Enforcement Decree of the Act on the Management and Provision of Information: Provided, That if such directives, established rules, etc. cannot be registered in the legislative information system because they fall within information specified in any subparagraph of Article 9 (1) of the Official Information Disclosure Act, the head of the central administrative agency shall notify, within 10 days after the issuance, the Minister of Government Legislation of the titles and the grounds for non-disclosure, of the relevant directives, established rules, etc., which shall be sent in writing to the Minister, at the request of the Minister. <Amended on Nov. 17, 2020> |
[This Article Newly Inserted on Aug. 28, 2018]
| Article 24-4 (Preparation of Easy-to-Understand Statutes or Regulations) |
| (1) | Where the head of an agency proposing a Government Bill enacts or amends statutes or regulations, directives, established rules, etc., he or she use shall ensure that citizens can easily read and understand the contents of such statutes or regulations, directives, established rules, etc. by using easy words, sentences, etc. |
| (2) | The head of an agency proposing a Government Bill shall review the terms and sentences, etc. used in the statutes or regulations, directives, established rules, etc. under his or her jurisdiction and shall revise difficult terms or complex sentences, etc. |
| (3) | In order to support the head of an agency proposing a Government Bill in enacting, amending, reviewing, or revising statutes or regulations, directives, established rules, etc. pursuant to paragraph (1) or (2) to make them easily understood, the Minister of Government Legislation may prepare the target of, standards and methods for, and improvement plans, etc. of, support and provide them to the head of the relevant central administrative agency. |
[This Article Newly Inserted on Dec. 1, 2021]
| Article 25 (Prior Review of Directives and Established Rules, etc.) |
| (1) | Where the head of a central administrative agency requests for examination of regulation regarding draft directives, established rules, etc. pursuant to Articles 4 and 10 of the Framework Act on Administrative Regulation from the Regulatory Reform Committee under Article 23 of that Act, he or she shall also request for review thereof from the Minister of Government Legislation, as prescribed by Ordinance of the Prime Minister. |
| (2) | Upon receipt of a request under paragraph (1), the Minister of Government Legislation shall review the following matters and notify the review opinions to the Regulatory Reform Committee, the head of the competent central administrative agency, and the head of the relevant central administrative agency, as prescribed by Ordinance of the Prime Minister, before the completion of a preliminary examination under Article 11 of the Framework Act on Administrative Regulations: |
| 1. | Whether the details of the enactment or amendment of the relevant directives, established rules, etc. violate any statutes or regulations; |
| 2. | Whether the details of the establishment and amendment of the relevant directives, established rules, etc. are based on delegation in any statutes or regulations or beyond the scope of delegation in any statutes or regulations; |
| 3. | Whether the details of the establishment or amendment of the relevant directives, established rules, etc. overlap or conflict with those of other directives, established rules, etc. |
| (3) | Where necessary to ensure the legitimacy of directives, established rules, etc., the head of a central administrative agency may request for the review of draft directives, established rules, etc. from the Minister of Government Legislation, even if such head does not request for examination of regulation under paragraph (1). |
[This Article Wholly Amended on Aug. 28, 2018]
| Article 25-2 (Ex Post Facto Review and Examination of Directives and Established Rules, etc.) |
| (1) | The Minister of Government Legislation shall examine and review directives, established rules, etc. registered pursuant to the main clause of Article 24-3 (2) at any time; and where any matter that should be prescribed by statutes or regulations is prescribed by directives, established rules, etc. or where any directives, established rules, etc. prescribe matters contrary to any statutes or regulations or an unreasonable matter, the Minister shall prepare examination opinions and notify the head of the competent central administrative agency thereof. |
| (2) | Upon receipt of examination opinions under paragraph (1), the head of a central administrative agency, shall reflect such opinions in the related statutes or regulations or the relevant directive, established rule, etc., unless there is a compelling reason not to do so. |
| (3) | Upon receipt of examination opinions under paragraph (1), the head of a central administrative agency shall notify the Minister of Government Legislation of the matters classified as follows, within one month from the date of receipt thereof: Provided, That where the enactment or amendment of a directive, established rule, etc., should undergo special procedures, such as deliberation by an individual committee, in accordance with any other statutes or regulations, such head shall notify the Minister of Government Legislation thereof without delay, after the procedures are completed: |
| 1. | Where the review opinions are reflected, the relevant details; |
| 2. | Where any reform is planned, the relevant reform plan; |
| 3. | Where any compelling reason exists to prevent reflection of review opinions, the relevant reason. |
[This Article Newly Inserted on Aug. 28, 2018]
CHAPTER VII STATUTORY INTERPRETATION
| Article 26 (Request for Statutory Interpretation) |
| (1) | Where the head of a central administrative agency has a question as to the interpretation of a statute in the course of implementing and enforcing the statutes or regulations, such as the receipt of a question requiring legal ruling from the head of a local government or a civil petitioner, he or she shall request a statutory interpretation from an agency specializing in statutory interpretation under Article 40 (3) of the Framework Act on Administration (in cases of the interpretation of statutes or regulations related to civil affairs, commercial affairs, criminal affairs, administrative litigations, and State compensation, statutes or regulations under the jurisdiction of the Ministry of Justice, and penalty provisions of other statutes or regulations, referring to the Ministry of Justice; and in cases of the interpretation of all other administration-related statutes or regulations, referring to the Ministry of Government Legislation; hereinafter referred to as "statutory interpretative agency") make a statutory interpretation. <Amended on Dec. 1, 2021> |
| (2) | Where the head of a central administrative agency intends to request the interpretation of any statutes or regulations under the jurisdiction of another central administrative agency under paragraph (1), he or she shall first hear the opinion of the central administrative agency having jurisdiction over the relevant statutes or regulations. |
| (3) | The head of a local government shall request the head of a central administrative agency having jurisdiction over the relevant statutes or regulations to interpret the statutes or regulations and receive his or her reply thereto before requesting a statutory interpretative agency to make a statutory interpretation. |
| (4) | Where the head of a local government deems that the details of a reply received under paragraph (3) is unclear (including where there is no de facto opinion in the reply) or has an objection to such details, the head may request a statutory interpretation from a statutory interpretative agency, appending the details of the reply thereto: Provided, That if the head of a central administrative agency having jurisdiction over the relevant statutes or regulations fails to reply within one month (such period may be extended only once by up to one month, notifying the special grounds for the delay, if any), despite the receipt of the request for a statutory interpretation under paragraph (3), the details of a reply need not be appended. <Amended on Jun. 27, 2023> |
| (5) | Where a statutory interpretative agency is in receipt of a request for statutory interpretation to which a reply by the head of a central administrative agency having no de facto opinion is appended under the body of paragraph (4) or a request for statutory interpretation to which no reply by the head of a central administrative agency is appended under the proviso to the same paragraph, it shall request the head of the central administrative agency having jurisdiction over the relevant statutes or regulations to provide his or her opinion, and the head of the central administrative agency in receipt of such request shall send the reply as requested to the statutory interpretative agency within 10 days from the date of receipt of such request (such period may be extended only once by up to one month, notifying the special ground for the delay, if any). |
| (6) | Where the head of a central administrative agency or the head of a local government requests a statutory interpretation under paragraph (2) or (4), he or she shall notify the head of a central administrative agency having jurisdiction over the relevant statutes or regulations. |
| (7) | Where a civil petitioner has an objection to a statutory interpretation made by the head of a central administrative agency having jurisdiction over the relevant statutes or regulations, he or she may entrust the head to request a statutory interpretation from a statutory interpretative agency or may directly request such interpretation from such agency, appending the statutory interpretation made by the head, as prescribed by Ordinance of the Prime Minister: Provided, That this shall not apply where the Minister of Justice has made a statutory interpretation of statutes or regulations related to civil affairs, commercial affairs, criminal affairs, administrative litigation, or State compensation, or statutes or regulations under the jurisdiction of the Ministry of Justice. <Amended on Dec. 1, 2021; Jun. 27, 2023> |
| (8) | Upon receipt of a request for statutory interpretation from a civil petitioner under paragraph (7), the head of a central administrative agency having jurisdiction over the relevant statutes or regulations shall request a statutory interpretative agency to make a statutory interpretation without delay, appending his or her opinion, if there is any to be added to the details replied to the civil petitioner (including the civil petitioner's question about the relevant statutes or regulations): Provided, That in any of the following cases, he or she need not request a statutory interpretation, and shall notify the relevant civil petitioner thereof, specifying the grounds therefor: <Amended on Aug. 13, 2019; Dec. 1, 2021> |
| 1. | Where it fails to meet any of the requirements for requesting statutory interpretation under paragraph (7); |
| 2. | Where any established judicial precedent exists or a statutory interpretative agency has already made a statutory interpretation; |
| 3. | Where it is a matter related to finding detailed facts; |
| 4. | Where any administrative appeal or administrative litigation is pending or where such procedure is complete; |
| 5. | Where it is a matter of whether a detailed disposition or act already made or conducted is illegal or unreasonable; |
| 6. | Where it is a matter of whether the relevant statutes or regulations are unconstitutional or contrary to the upper statutes or regulations; |
| 7. | Where it is a matter related to a policy of a central administrative agency having jurisdiction over the relevant statutes or regulations and it is necessary to make a decision through judgment on policy or consultation among central administrative agencies; |
| 8. | Where statutes or regulations subject to interpretation are not specified; |
| 9. | Where it is not deemed necessary to make a statutory interpretation because a request for statutory interpretation is based on a false premise, such as there is no correlation between the grounds or reasons for requesting the statutory interpretation and the provisions of the relevant statutes or regulations for which such request is made; |
| 10. | Where the provisions of the relevant statutes or regulations are so clear that the interpretation thereof is unnecessary; |
| 11. | Other cases where it is deemed obviously unnecessary for the reasons similar to those specified in subparagraphs 1 through 10. |
| (9) | When a statutory interpretative agency receives a request for statutory interpretation directly from a civil petitioner under paragraph (7), it shall immediately notify such fact to the head of a central administrative agency having jurisdiction over the relevant statutes or regulations. <Amended on Dec. 1, 2021> |
| (10) | Upon receipt of a request for statutory interpretation under paragraph (1), (4), (7), or (8), a statutory interpretative agency may request supplementation to the head of a central administrative agency, the head of a local government, or a civil petitioner who has requested the statutory interpretation, if deemed necessary. <Amended on Aug. 13, 2019; Dec. 1, 2021> |
| (11) | A statutory interpretative agency shall return a request for statutory interpretation, in any of the following cases: <Newly Inserted on Aug. 13, 2019; Dec. 1, 2021> |
| 1. | Where a request for statutory interpretation fails to meet the requirements for requesting statutory interpretation under paragraphs (1) through (4) and (7); |
| 2. | Where a request for statutory interpretation falls under paragraph (8) 2 through 11; |
| 3. | Where a request for supplementation under paragraph (10) is not complied with. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 26-2 (Request for Interpretation of Directives, Established Rules, etc.) |
| (1) | Where the head of a central administrative agency has a question as to the interpretation of a directive, established rule, etc. under his or her jurisdiction in the course of implementing and enforcing such directive, established rule, etc., he or she may request a statutory interpretative agency to make an interpretation of the directive, established rule, etc. in order to ensure the legitimacy and validity of the administrative operation. <Amended on Dec. 1, 2021> |
| (2) | Article 27 (except for paragraph (5)) shall apply mutatis mutandis in regard to the interpretation of directives, established rules, etc. |
[This Article Newly Inserted on May 8, 2017]
| Article 27 (Matters Requiring Attention when Making Statutory Interpretation, and Reply thereto) |
| (1) | For the correlation of the governmental statutory interpretation and for consistent enforcement of statutes or regulations, a statutory interpretative agency shall pay attention to the following matters when interpreting the statutes or regulations: |
| 1. | It shall clearly ascertain the background and purpose of legislation and actual status of implementation of the relevant statutes or regulations; |
| 2. | It shall identify and verify the detailed background of and grounds on which the issue was raised; |
| 3. | It shall sufficiently hear opinions of related agencies, such as the central administrative agency having jurisdiction over the relevant statutes or regulations. |
| (2) | Where necessary to hear opinions under paragraph (1) 3, a statutory interpretative agency may request related administrative agencies, such as the central administrative agency having jurisdiction over the relevant statutes or regulations, to explain unclear matters or to submit necessary materials. In such cases, the head of the related administrative agency shall conscientiously comply with the request, etc. of the statutory interpretative agency and cooperate therewith. |
| (3) | Where the Ministry of Government Legislation, among statutory interpretative agencies, makes a statutory interpretation under paragraph (1), it shall undergo deliberation by the Statutory Interpretation Deliberation Committee established under Article 27-2. |
| (4) | A statutory interpretative agency in receipt of a request for a statutory interpretation under Article 26, shall promptly notify the result thereof to the agency that has requested the statutory interpretation or to the civil petitioner; and where replying to the request for the statutory interpretation, it shall also notify the result thereof to the head of the central administrative agency having jurisdiction over the relevant statutes or regulations and related administrative agencies. |
| (5) | Where a statutory interpretative agency has notified, the head of a central administrative agency having jurisdiction over the relevant statutes or regulations, of the result of a statutory interpretation requested by a civil petitioner under Article 26 (8), the head of the central administrative agency shall notify, without delay, the civil petitioner of the opinion of the relevant agency on the relevant result. |
| (6) | Where a statutory interpretative agency has notified the result of a statutory interpretation under paragraph (4), it shall request the head of the related central administrative agency or the head of the related local government to provide information on the following matters: |
| 1. | Whether any related affairs have been processed under the statutory interpretation; |
| 2. | Where any problem has occurred due to the processing of affairs under the statutory interpretation, the details thereof; |
| 3. | Whether any dispute has arisen in connection with the processing of affairs under the statutory interpretation, and the result thereof; |
| 4. | Where any related affairs have been processed inconsistently with the statutory interpretation, the ground therefor; |
| 5. | Except as provided for in subparagraphs 1 through 4, matters concerning the processing of affairs related to statutory interpretation. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 27-2 (Statutory Interpretation Deliberation Committee) |
| (1) | There shall be established a Statutory Interpretation Deliberation Committee (hereinafter referred to as "Committee") under the jurisdiction of the Minister of Government Legislation to deliberate on the matters concerning statutory interpretations requested to the Ministry of Government Legislation among statutory interpretative agencies. |
| (2) | The Committee shall be comprised of one chairperson, members appointed under paragraph (4) (hereinafter referred to as "appointed members"), and approximately 150 members commissioned under paragraph (5) (hereinafter referred to as "commissioned members"). <Amended on Oct. 27, 2011> |
| (3) | The Minister of Government Legislation shall serve as the chairperson, and may, where necessary, assign the appointed member belonging to the Ministry of Government Legislation to perform the duties on behalf of the Minister. |
| (4) | A person working at a position; designated by the Minister of Government Legislation; recommended by the head of the relevant central administrative agency having jurisdiction over the relevant statutes or regulations, including the Office for Government Policy Coordination; and filled by public officials in general service who are members of the Senior Civil Service of the relevant agency, or persons corresponding thereto, shall be an appointed member. <Amended on Mar. 23, 2013> |
| (5) | A person commissioned by the Minister of Government Legislation from among the following persons, shall be a commissioned member: <Amended on Nov. 19, 2014> |
| 1. | A person qualified as an attorney-at-law, experienced in the affairs related to such qualification for at least 10 years; |
| 3. | A person who has served as a public official of at least Grade IV of an administrative agency (including public officials who are members of the Senior Civil Service) or the equivalent; |
| 4. | Other persons with extensive knowledge of and experience in the affairs related to statutory interpretation. |
| (6) | The term of office of a commissioned member shall be two years, renewable only twice. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 27-3 (Operation of Committee) |
| (1) | The chairperson shall represent the Committee and exercise overall control of its affairs. |
| (2) | The chairperson shall convoke and preside over Committee meetings. |
| (3) | A Committee meeting quorum shall consist of at least nine persons, including the chairperson and members appointed by the chairperson at each meeting. |
| (4) | Where necessary in connection with an agenda item for deliberation, the chairperson may request a related person to attend a Committee meeting and provide opinions. <Amended on Jan. 5, 2021> |
| (5) | A majority of the members under paragraph (3) of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present: Provided, That in any of the following cases, any resolution shall require the concurring vote of at least six members those present: <Amended on Dec. 1, 2021> |
| 1. | Where it intends to make a statutory interpretation requested by the head of a local government under the main clause of Article 26 (4), inconsistently with the details of the original reply given by the head of the central administrative agency having jurisdiction over the relevant statutes or regulations (excluding where the statutory interpretation is unclear or where there is no de facto opinion in the reply); |
| 2. | Where it intends to make a statutory interpretation different from the details of the reply given by the head of a central administrative agency (excluding unclear statutory interpretations) to the Ministry of Government Legislation under Article 26 (5); |
| 3. | Where it intends to make a statutory interpretation different from the details of the original reply given by the head of the central administrative agency having jurisdiction over the relevant statutes or regulations (excluding unclear statutory interpretations) to the matter for statutory interpretation requested by the head of a central administrative agency to the Ministry of Government Legislation upon entrustment of a civil petitioner or requested directly by a civil petitioner to the Ministry of Government Legislation under Article 26 (7) or (8). |
| (6) | Where deemed necessary for efficiently operating its meetings, the Committee may have specialized committees or subcommittees for particular fields. |
| (7) | Where deemed necessary for making statutory interpretations, the Committee may consult with the experts in the relevant field, such as national land and construction, tax system, environment, and labor. <Newly Inserted on Oct. 27, 2011> |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 27-4 (Exclusion or Evasion of Members) |
| (1) | Any member of the Committee (including specialized committees and subcommittees; hereinafter the same shall apply), who falls under any of the following cases, shall be excluded from the deliberations and resolution on the case in question: |
| 1. | Where a member or a person who is or was the spouse of a member is a party to a case that forms the basis of an agenda item for the relevant statutory interpretation, or is related thereto as a joint holder of any right or liability; |
| 2. | Where a member is or was in relationship by blood with a party to a case that forms the basis of an agenda item for the relevant statutory interpretation; |
| 3. | Where a member has given testimony or appraised a case that forms the basis of an agenda item for the relevant statutory interpretation; |
| 4. | Where a member is or has been involved in a case that forms the basis of an agenda item for the relevant statutory interpretation as a proxy of a party to such case. |
| (2) | Any member who falls under any subparagraph of paragraph (1) may voluntarily refrain from the deliberation and resolution on the relevant agenda item. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to a person involved in the affairs related to the examination of the agenda item for the relevant statutory interpretation, as a staff member other than a Committee member. |
[This Article Wholly Amended on Oct. 5, 2010]
| Article 27-5 (Removal of Members) |
Where a member of the Committee falls under any of the following cases, the Ministry of Government Legislation may remove the relevant member from office:
| 1. | Where he or she cannot perform duties due to mental disorder; |
| 2. | Where he or she is involved in an illegal act in connection with his or her duties; |
| 3. | Where it is acknowledged that he or she is not eligible to become a member due to neglect of duties, injury to dignity, or other reasons; |
| 4. | Where he or she declares him or herself that he or she is unable to perform duties. |
[This Article Newly Inserted on May 8, 2017]
[Previous Article 27-3 moved to Article 27-6 <May 8, 2017>]
| Article 27-6 (Request for Dispatch of Public Officials, etc.) |
| (1) | Where deemed necessary to perform the duties of the Committee, the Minister of Government Legislation may request a State agency, local government, or related corporation or organization to dispatch its public officials or employees. |
| (2) | The Minister of Government Legislation may recommend the head of a State agency, local government, or related corporation or organization that has dispatched its public officials or employees under paragraph (1), to take preferential measures for persons dispatched to the Committee in their personnel matters, treatment, etc. |
[This Article Wholly Amended on Oct. 5, 2010]
[Moved from Article 27-5; previous Article 27-6 moved to Article 27-7 <May 8, 2017>]
| Article 27-7 (Allowances) |
Members and related persons who have attended meetings may be paid allowances and reimbursed travel expenses, within budgetary limits: Provided, That the same shall not apply to any meeting which a public official attends in direct connection with his or her competent duties.
[This Article Wholly Amended on Oct. 5, 2010]
[Moved from Article 27-6; previous Article 27-7 moved to Article 27-8 <May 8, 2017>]
| Article 27-8 (Detailed Regulations) |
Except as provided in this Decree, matters necessary for the organization and operation of the Committee shall be determined by the chairperson following resolution by the Committee.
[This Article Wholly Amended on Oct. 5, 2010]
[Moved from Article 27-7; previous Article 27-8 moved to Article 27-9 <May 8, 2017>]
| Article 27-9 (Non-Disclosure of Details of Utterance) |
None of the following matters may be disclosed:
| 1. | Documents (including in electronic form) stating any details of the utterance made by a member in Committee meetings; |
| 2. | Other matters prescribed by Ordinance of the Prime Minister as deemed likely to compromise to the fairness of the deliberation by the Committee, if disclosed. |
[This Article Newly Inserted on Jun. 9, 2009]
[Moved from Article 27-8 <May 8, 2017>]
CHAPTER VIII ENSURING OF EXPERTISE IN IMPLEMENTATION OF STATUTES OR REGULATIONS, AND PROVISION OF SUPPORT
| Article 28 (Ensuring of Expertise in, and Evaluation of, Legislative Affairs) |
| (1) | The head of a central administrative agency shall take the following measures to ensure lawfulness and appropriateness in the operation of statutes or regulations, such as legislation and enforcement of statutes or regulations, and to promote the efficient performance of legislative affairs and the improvement of expertise: <Amended on Aug. 13, 2019> |
| 1. | Enactment and enforcement of the provisions governing legislative procedures and operation; |
| 2. | Formulation of a plan for securing expertise of organizations in charge of legislative affairs; |
| 3. | Establishment and implementation of personnel management standards, such as standards for assigning public officials in charge of legislative affairs under his or her control. |
| (2) | The Minister of Government Legislation may analyze and evaluate the following affairs performed by the head of an agency proposing a Government Bill (excluding the Board of Audit; hereafter in this Article, the same shall apply): |
| 1. | Implementation and modification of a Government's legislative plan under Article 9; |
| 2. | Pre-announcement of legislation of a Government Bill under Article 14; |
| 3. | Timely drafting of subordinate statutes or regulations under Article 22; |
| 4. | Other legislative affairs prescribed by Ordinance of the Prime Minister, which require analysis and evaluation of operational status. |
| (3) | Where the analysis and evaluation conducted under paragraph (2) finds any matter to be improved, the Minister of Government Legislation may recommend the head of the relevant agency proposing a Government Bill to improve such matter. |
| (4) | The Minister of Government Legislation may award a commendation or grant a monetary award to an exemplary agency based on the results of the analysis and evaluation under paragraph (2). <Newly Inserted on Aug. 13, 2019> |
[This Article Wholly Amended on Aug. 28, 2018]
| Article 29 (Legislative Support including Support for Drafting) |
| (1) | Where requested by the head of a central administrative agency or where deemed necessary for facilitating the legislation of a Government Bill, a draft Presidential Directive, a draft Prime Ministerial Directive, and a draft directives, established rule, etc. (hereafter in this paragraph referred to as "Government Bill, etc."), the Minister of Government Legislation shall offer necessary legislative support, such as support for drafting a Government Bill, etc. or provision of legal advice, in consultation with the head of a central administrative agency. <Amended on Aug. 28, Jan. 5, 2021> |
| (2) | Where necessary to enhance expertise in legislative support and to promptly and efficiently provide legislative support under paragraph (1), the Minister of Government Legislation may consult with, or entrust research to, a person having experience and professional knowledge in legislation, such as drafting and examination of Government Bills. |
[This Article Wholly Amended on Nov. 19, 2014]
[Title Amended on Aug. 28, 2018]
| Article 29-2 (Legislative Education) |
| (1) | In order for public officials, etc. of central administrative agencies and local governments to efficiently perform legislative affairs, such as drafting and interpretation of statutes or regulations, drafting and interpretation of municipal ordinances and rules, and reform of statutes or regulations, the Minister of Government Legislation shall conduct legislative education to improve their legislative expertise. <Amended on May 8, 2017> |
| (2) | The Minister of Government Legislation may request the heads of central administrative agencies and the heads of local governments to provide cooperation on matters necessary to develop legislative expertise of public officials, etc. <Newly Inserted on Jun. 27, 2023> |
| (3) | Where the head of a central administrative agency, or the head of a local government, etc. deems it necessary to conduct legislative education for the improvement, etc. of expertise of public officials, etc. under his or her jurisdiction in legislation, he or she may request the Minister of Government Legislation to conduct legislative education, and the Minister of Government Legislation may provide support for the necessary legislative education. <Amended on Jun. 27, 2023> |
| (4) | In order to efficiently provide legislative education under paragraph (1), the Minister of Government Legislation shall establish and operate a legislative education operation system. <Newly Inserted on Jun. 27, 2023> |
[This Article Newly Inserted on Nov. 19, 2014]
| Article 29-3 (Support for Local Legislation) |
| (1) | Where a local government intends to reform any municipal ordinances and rules, the Minister of Government Legislation may provide necessary support upon request. |
| (2) | Upon receipt of a request from the head of a local government, the Minister of Government Legislation may provide human resources, etc. necessary to support the local legislation. <Newly Inserted on Aug. 13, 2019> |
| (3) | The Minister of Government Legislation may award a commendation or grant a monetary award to a local government or public official that has performed excellent local legislative activities. <Newly Inserted on Aug. 13, 2019> |
| (4) | The head of a central administrative agency may request the Minister of Government Legislation to provide the following legislative support in relation to local legislation of a local government: in such cases, the Minister shall provide legislative support in consideration of the legislative purposes, etc. of statutes or regulations: <Amended on Dec. 1, 2021> |
| 1. | In case where the head of a central administrative agency intends to notify a local government of guidelines concerning the drafting of municipal ordinances and rules for the enforcement of the statutes or regulations under his or her jurisdiction to ensure that the local government can timely prepare such municipal ordinances and rules, providing consultation on the relevant guidelines, etc.; |
| 2. | Providing consultation, etc. on local legislation or draft local legislation of a local government, if necessary for advice, recommendations, guidance, etc. on such local legislation or draft local legislation. |
| (5) | Except as provided in paragraphs (1) through (4), the Minister of Government Legislation shall provide necessary legislative support to local governments to secure legal consistency in municipal ordinances and rules and to assist in enhancing expertise of their public officials. <Amended on Aug. 13, 2019; Jan. 5, 2021> |
| (6) | Where the Minister of Government Legislation intends to provide a local government with support for reform under paragraph (1) or legislative support under paragraph (5), the Minister may request the head of a central administrative agency having jurisdiction over the relevant statutes or regulations to offer cooperation, if necessary. <Newly Inserted on Jan. 5, 2021> |
[This Article Newly Inserted on Nov. 19, 2014]
| Article 29-4 (Local Legislation Coordination Council of Central Administrative Agencies and Local Governments) |
| (1) | A Local Legislation Coordination Council of Central Administrative Agencies and Local Governments (hereinafter referred to as the "Local Legislation Coordination Council") shall be established under the Ministry of Government Legislation to mediate and consult on the conflicting opinions between central administrative agencies, between local governments, or between a central administrative agency and a local government concerning local legislation or the details of draft local legislation. |
| (2) | The Local Legislation Coordination Council shall be comprised of the following members: |
| 1. | The Vice Minister of Government Legislation; |
| 2. | Public officials in general service belonging to the Senior Executive Service of related central administrative agencies in relation to local legislation or draft local legislation; |
| 3. | The following public officials of a local government having jurisdiction over local legislation or draft local legislation: |
| (a) | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province: Chief Officers, Director-Generals, or other public officials in equivalent positions; |
| (b) | A Si, Gun, or autonomous Gu: The deputy head of a Si/Gun/Gu. |
| (3) | The Vice Minister of Government Legislation shall serve as the chairperson of the Local Legislation Coordination Council. |
| (4) | The chairperson of the Local Legislation Coordination Council may convene a meeting, in either of the following cases: |
| 1. | Where the head of a related administrative agency or the head of a local government so requests; |
| 2. | Where the chairperson of the Local Legislation Coordination Council deems it necessary to resolve conflicting opinions between related agencies on local legislation or draft local legislation or to gather consensus from Government agencies. |
| (5) | In order to efficiently support coordination and consultation under paragraph (2), the Local Legislation Coordination Council may have a working council comprised of public officials of related central administrative agencies, local governments having jurisdiction over local legislation or draft local legislation, and the Ministry of Government Legislation. |
[This Article Newly Inserted on Dec. 1, 2021]
[Previous Article 29-4 moved to Article 29-5 <Dec. 1, 2021>]
| Article 29-5 (Allowances) |
When any legislative support is provided under Article 29, 29-2 or 29-3, the Minister of Government Legislation may pay allowances to the experts or public officials who conduct legislative education, etc., within budgetary limits. [This Article Newly Inserted on Nov. 19, 2014]
[Moved from Article 29-4 <Dec. 1, 2021>]
| Article 30 (Establishment and Utilization of Legislative Information System) |
| (1) | In order to assist the Government in efficiently handling or providing the following affairs or services, the Minister of Government Legislation shall establish a legislative information system: <Amended on May 8, 2017; Jan. 5. 2021> |
| 1. | Formulating the Government’s legislative plan and managing the status of implementation of the plan; |
| 2. | Notifying a member's Bill to and gathering consensus on the Bill from the agency having jurisdiction over the member's Bill and the related agencies; |
| 3. | Disclosing Government Bills and other legislative information through all the stages of the legislative process by the Government (referring to the stages from the pre-announcement of the legislation to the promulgation of the Government Bill) and receiving submitted opinions; |
| 4. | Drafting and deliberating on Government Bills, Bills for Presidential Directives, and Bills for Prime Ministerial Directives; |
| 5. | Drafting, deliberating on and interpreting directives, established rules, etc.; |
| 6. | Reviewing agenda items for statutory interpretation and sending results thereof; |
| 7. | Supporting the drafting of municipal ordinances and rules; |
| 8. | Managing and providing information on statutes or regulations (including directives and established rules, etc., municipal ordinances and rules, examples of statutory interpretation, and other information on the enforcement and interpretation of statutes or regulations); |
| 9. | Other affairs necessary for improving legislative efficiency and expertise. |
| (2) | The Minister of Government Legislation shall ensure that anyone can easily and conveniently present opinions on statutes or regulations or Government Bills, using the legislative information system. <Newly Inserted on May 8, 2017; Jan. 5, 2021> |
| (3) | Where necessary for the establishment and provision of a legislative information system, the Minister of Government Legislation may request the heads of central administrative agencies to register directives, established rules, etc. on the legislative information system or to provide other necessary information related to legislative affairs. In such cases, the heads of central administrative agencies in receipt of such request shall comply therewith, except in extenuating circumstances. |
| (4) | The Minister of Government Legislation shfall take measures necessary to facilitate the use of the legislative information system and information on statutes or regulations. <Amended on May 8, 2017; Jan. 5, 2021> |
[This Article Wholly Amended on Oct. 5, 2010]
[Title Amended on May 8, 2017]
ADDENDUM <Presidential Decree No. 15602, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 16592, Oct. 30, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force one month after the date of its promulgation. |
ADDENDUM <Presidential Decree No. 18218, Jan. 9, 2004>
This Decree shall enter into force on the date of its promulgation
ADDENDA <Presidential Decree No. 18493, Jul. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2004. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18864, Jun. 13, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2005. |
| (2) | (Applicability) The amended provisions of Article 26 (4) shall begin to apply from the first reply to a statutory interpretation by a central administrative agency having jurisdiction over the relevant statute after this Decree enters into force. |
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19867, Feb. 2, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21239, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Timely Preparation of Subordinate Statutes or Regulations)
The amended provisions of Article 22 (1) shall begin to apply to the first legislative Bill, the examination of which is requested to the Ministry of Government Legislation after this Decree enters into force. Article 3 Omitted.
ADDENDA <Presidential Decree No. 21533, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Pre-Announcement of Legislation)
The amended provisions of Article 14 (1) shall begin to apply to the first Government Bill pre-announced after this Decree enters into force. Article 3 (Applicability to Notification that Head of Central Administrative Agency has Requested Statutory Interpretation to other Head of Central Administrative Agency Having Jurisdiction over Statutes or Regulations)
The amended provisions of Article 26 (6) shall begin to apply to the first case where a statutory interpretation is requested to a statutory interpretative agency after this Decree enters into force. Article 4 (Applicability to Requirements for Commissioned Members of Statutory Interpretation Deliberation Committee)
The amended provisions of Article 27-2 (5) and (6) shall begin to apply to the first person commissioned after this Decree enters into force. Article 5 (Applicability to Special Quorum for Resolution of the Statutory Interpretation Deliberation Committee)
The amended provisions of Article 27-3 (5) 3 shall begin to apply to the first agenda item for statutory interpretation requested to the Ministry of Government Legislation after this Decree enters into force.
ADDENDA <Presidential Decree No. 21970, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Cooperation between Agencies during Legislative Process)
| (1) | The amended provisions of Articles 11 (2) and (6), 11-2 (1), and 21 (1) 1 shall begin to apply to the first case that falls under the amended provisions of Article 11 (2) 1 or 2 after this Decree enters into force. |
| (2) | The amended provisions of Article 21 (2) shall begin to apply to the first Government Bill, the examination of which is requested to the Minister of Government Legislation after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 22427, Oct. 5, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23266, Oct. 27, 2011>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19-2 shall enter into force on December 1, 2011.
ADDENDUM <Presidential Decree No. 24326, Jan. 22, 2013>
This Decree shall enter into force on January 23, 2013.
ADDENDA <Presidential Decree No. 24421, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24792, Oct. 10, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25748, Nov. 19, 2014>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11-2, 11-3, 12, 12-2 and 13 shall enter into force three months after the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of the Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates of which have not yet arrived, among the Presidential Decrees amended pursuant to Article 5 of the Addenda shall respectively enter into force on the dates of which such Presidential Decrees are to enter into force. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26599, Oct. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Methods of Pre-Announcement of Legislation)
Notwithstanding the amended provisions of Article 15, pre-announcement of legislation of Government Bills pending as at the time this Decree enters into force shall be governed by the former provisions: Provided, That where additional pre-announcement is made under Article 41 (4) of the Administrative Procedures Act after this Decree enters into force shall be excluded herefrom.
ADDENDUM <Presidential Decree No. 28042, May 8, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have not yet arrived, among the Presidential Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29127, Aug. 28, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the latter part of Article 11-2 (3) shall enter into force on September 1, 2018. Article 2 (Applicability to Reply from Head of Agency Having Jurisdiction over Relevant Bill to Opinions of Related Agency)
The amended provisions of the latter part of Article 11-2 (3) shall begin to apply to an opinion presented by the head of a related agency on a Bill proposed by a member of the National Assembly after September 1, 2018.
ADDENDA <Presidential Decree No. 29609, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, ... <omitted> ... and Article 4 of the Addenda shall enter into force on July 1, 2019. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30045, Aug. 13, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 28 (1) shall enter into force three months after the date of the promulgation. Article 2 (Applicability to Reply from Head of Agency Having Jurisdiction over Relevant Bill to Opinions of Related Agency)
The amended provisions of the latter part of Article 11-2 (3) shall begin to apply to an opinion presented by the head of a related agency on a member's Bill proposed after September 1, 2019.
ADDENDA <Presidential Decree No. 31167, Nov. 17, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 31378, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Cooperation between Government Agencies on Member's Bill)
The amended provisions of Article 11-3 (2) shall begin to apply where any cooperation is rendered between Government agencies with respect to a member's Bill proposed after February 1, 2021. Article 3 Omitted.
ADDENDA <Presidential Decree No. 32171, Dec. 1, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Assessment and Consultation Process through Legislative Information System)
Notwithstanding the amended provisions of Article 11 (6), the previous provisions shall apply to an assessment or consultation process prescribed in the subparagraphs of that paragraph in progress as at the time this Decree enters into force: Provided, That this shall not apply where the relevant assessment or consultation process is undergone again after this Decree enters into force.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 33605, Jun. 27, 2023>
This Decree shall enter into force on the date of its promulgation.